Análisis del Manual de Supervisión e Interventoría de la Agencia Colombia Compra Eficiente frente a las responsabilidades que asume un supervisor o particular interventor como titular de funciones públicas en Colombia

Abstract

This research analyzes the lack of clarity in the Supervision and Inspection Manual of the Colombia Compra Eficiente Agency, as a special administrative unit in Colombia to facilitate and optimize the purchasing processes in public contracting, in order to guide individuals who assume public supervision and inspection functions. Despite the existence of the manual, it is questioned whether it provides adequate guidance on the specific responsibilities acquired by these individuals (Ramírez, 2020; Forero-Ruíz, 2022). The main objective is to evaluate the effectiveness of the manual in providing guidance on these responsibilities. The qualitative methodology includes the analysis of sources such as the Supervision and Intervention Manual (2021), Law 80 of 1993, and Law 1150 of 2007, in addition to relevant jurisprudence such as Judgment C-563 of 1998. The study compared the congruence of the manual with regulations and judicial pronouncements. The results highlight the importance of supervision and intervention to prevent corruption and ensure regulatory compliance. However, there are challenges such as the quality of reports, the lack of specialized training, and the need to continually review the regulatory framework. The need to clearly differentiate between supervision and oversight is highlighted, as well as to improve training to avoid problems such as delays and cost overruns (Forero-Ruíz, 2022). The analysis of the regulatory framework and legal responsibilities, which include civil, criminal, fiscal, and disciplinary consequences, demonstrates the severity of non-compliance (Gómez and Rodríguez, 2019). Finally, it is recommended to improve the manual by incorporating constitutional and jurisprudential principles, as well as improving control mechanisms, continuous training, and risk management (Silva, 2022; Huertas and Poveda, 2022), which will strengthen transparency, accountability, and efficiency in the management of public resources in Colombia