El contrato público de vigilancia privada: ¿Es realmente el servicio de vigilancia un servicio de características técnicas uniformes cuya contratación estatal tenga que hacerse idóneamente por acuerdo marco de precios?

Abstract

Law 1150 of 2007 defines goods and services with uniform technical characteristics. This definition, expanded by Decree 1510 of 2013, allows any service or good to be catalogued as homogeneous and to be acquired by framework price agreement, commodity exchange or reverse auction, where it is awarded at the lowest value. This article defines the surveillance sector, regulatory framework, trajectory and incidence as a projection business, forming public contracts in Colombia. The legal and doctrinal origin of the framework agreements, in order to evaluate if the surveillance service should be ideally framed in a price framework agreement. From this, the e-procurement tools such as the State's Virtual Store, and the Soft Law or soft law issued by Colombia Compra Eficiente are analyzed. It is concluded that surveillance in Colombia is not a service of uniform technical characteristics, due to the normative definition and its diversity of elements and specifications. Therefore, it should not be included in a framework price agreement. However, given the provisions of Decree 1510 of 2013, this article ends with suggestions and provisions necessary for a framework agreement of the private security sector in Colombia.