La interventoría como mecanismo de protección administrativa en la contratación de obras públicas en Cúcuta

Abstract

This research was developed with the objective of analyzing the scope of the supervision as an administrative protection mechanism in the contracting of public works in Cúcuta. To fulfill this purpose, this study was based on the fulfillment of 3 axes: the role of the inspector in the contracting of public works was characterized in accordance with the Colombian legal framework, the selection factors and the public contracting processes where inspectors were linked in Cúcuta from 2020 to 2023 were identified and the circumstances that allow knowing the state of the supervision in the field of public works in the capital of Norte de Santander were established, where the circumstances that can be strengthened were also delimited. At the methodological level, in accordance with the stipulations in terms of objectives, this work was characterized by being based on the qualitative approach, the hermeneutic method and the explanatory typology. For the information collection process, the documentary analysis technique was applied to 23 open, closed or awarded supervision processes, according to the factors, ranges and final indexes of the probabilistic sampling and according to the delimitation established for this work. Likewise, the interview technique was implemented with 25 professionals with experience in supervision. Based on the above, it was determined that half of the supervision processes in Cúcuta, in the period 2020-2023, were presented under the open merit competition. Likewise, under a similar proportion, it was found that a good part of the calls were made by the Infrastructure Secretariat. Through the interviews, it was concluded that the supervisors, in the capital of Norte de Santander, face multiple challenges, mainly due to political interests, economic pretensions, acts of corruption and intimidating situations. These circumstances lead to cases where the inspector is seen as an obstacle, even though his supervision is essential to protect administrative morality, public resources and the interests of society. Finally, as a suggestion, the need to vindicate the role of the inspector within the public works of Cúcuta was established, so that it is not a profession that, due to its erroneous conception, continues to be susceptible to the reduction of guarantees and resources. Also, as an improvement in the hiring of local inspectors, it was considered necessary for municipal entities to promote strategies to train these inspection companies, allowing them to improve their technical, financial and resource capacities.