Dificultades que se Afrontan en la Contratación de Bienes y Servicios un Análisis de sus Causas y Posibles Soluciones

Abstract

As a social state governed by the rule of law, the Colombian State is obligated to ensure the fulfillment of the essential objectives set forth in Article 2 of the Political Constitution, which include the general welfare and the nation's economic and social development. To achieve these objectives, the State must acquire goods and services enabling it to implement programs, projects, and public policies aimed at meeting collective needs. This process is carried out through state contracting—regulated by Law 80 of 1993, Law 1150 of 2007, and supplementary provisions—with the aim of ensuring transparency, efficiency, fairness, and equal opportunities for bidders. Within this regulatory framework, the pre-contractual stage is of critical importance, as it forms the basis for the proper planning of procurement processes. A key element of this stage is the market study, which enables public entities to understand actual sector conditions, establish fair prices, and ensure the appropriate allocation of resources. In practice, however, many entities struggle to obtain a sufficient number of accurate price quotes, as private companies do not always respond to requests submitted via official platforms such as SECOP II. This lack of participation limits the quality of available information, thereby compromising the transparency, objectivity, and efficiency of the contracting processes. The problem becomes evident when an insufficient number of price quotes leads to discrepancies between estimated values and actual market prices, undermining contract planning and increasing the risk of arbitrary decision-making, cost overruns, or corruption. Therefore, understanding why private companies fail to submit quotes is essential for strengthening public management and fostering more active and responsible business participation. This monograph aims to analyze these causes and propose mechanisms to encourage the participation of bidders, thereby ensuring procurement processes that are more transparent, competitive, and aligned with economic realities. To this end, Chapter I addresses the principles of public procurement starting from the pre-contractual stage, emphasizing the importance of price quotations for the planning and structuring of these processes. Chapter II examines the factors limiting the response of private companies, considering administrative, economic, and technological aspects. Finally, Chapter III analyzes tax incentives and additional strategies that could be implemented to stimulate business participation in market research, thereby enhancing efficiency and transparency in public procurement. In this way, the study seeks to provide a comprehensive analysis and concrete proposals that contribute to strengthening public contract management, ensuring that state resources are used responsibly, efficiently, and in the public interest, thereby consolidating public trust and the fulfillment of the Colombian State's objectives.