La Ética Pública en el Uso de la Inteligencia Artificial en la Evaluación de Ofertas en los Procesos de Selección de Mínima Cuantía en Colombia

Abstract

This research article conducts a legal and prospective analysis of the incorporation of artificial intelligence in the evaluation process of proposals within selection procedures carried out by entities subject to the General Public Procurement Statute, under the Minimum Amount selection modality. It examines the regulatory foundations of public procurement, the characteristics of the minimum amount modality, and the potential applications of artificial intelligence in proposal evaluation. Both advantages and risks associated with its implementation are identified, highlighting the possible impact on the principles guiding administrative action. Although there is no explicit regulatory adoption of artificial intelligence systems for bid evaluation in Colombian public procurement, the use of these technologies already influences the contractual ecosystem, through institutional initiatives and tools used by bidders. To date, artificial intelligence encompasses a wide range of tasks that are commonly performed by humans, and administrative functions are no exception to the use of such tools as support for task development. This is due to the large number of activities required by contractual management, which the State continuously carries out through its entities.

It is concluded that, although artificial intelligence can contribute to efficiency in procurement processes, its use requires control mechanisms and clear guidelines to ensure respect for the principles of public ethics and the protection of individuals’ fundamental rights.