Ventajas y Desventajas de la Normatividad Adoptada en Tiempos de Pandemia en la Contratación Estatal.

Abstract

State contracting in Colombia is regulated by a General Statute of Public Procurement that establishes the legal guidelines for the acquisition of goods and services. However, the declaration of the COVID-19 Pandemic made by the WHO in 2020, generated the need to carry out multiple regulatory adjustments by the National Government, in order to control and mitigate its effects. One of the biggest changes was in the matter of state contracting, where the State promulgated a series of regulations that streamlined the processes for the acquisition of goods and services that, under normal conditions, had to be subjected to lengthy processes and procedures. Due to this situation, the present article aims to analyze the new regulations issued by the National Government by virtue of the State of Emergency, Economic, Social and Ecological, declared by Decree No. 457 of March 12, 2020, within the framework of state contracting, in order to identify the advantages and disadvantages that they have generated for the processes of acquisition of goods, works and services for the State. This analysis is carried out through a socio-dogmatic methodology, which proposes to study the legal system in the face of jurisprudence, also using specific contracting cases where the new provisions are used, allowing to determine the benefits of the rules for mitigation and control of the pandemic, as well as the implementation of new measures that regulate state contracting in Colombia.