Requisitos habilitantes en los procesos contractuales del Plan de Salud Pública de Intervenciones Colectivas (PSPIC) en Colombia: análisis y posibles desarrollos

Abstract

The present article entitled "Qualifying requirements in the contractual processes of the Public Health Plan for Collective Interventions (PSPIC) in Colombia: analysis and possible developments," aims to analyze the qualifying requirements, when a contractual process of the actions of the Public Health Plan for Collective Interventions in Health (PSPIC) is carried out, as conditions to determine the suitability of a bidder, future contractor to execute a contract.

In general, the jurisprudence and the doctrine in the Colombian legal system will be studied, what are the enabling requirements, what has been the concept evolution and what is sought when they are established in the processes of selection of contractors.

With these budgets, the contracting processes of the actions of the Collective Intervention Plan will be investigated, which are the applicable enabling requirements, in which norms they are contemplated, if they are subject to the selection modality used for the contracting or the institutions with which the selection process is carried out, which entity establishes the guidelines to determine the selection criteria in the contracting of these actions, as well as the competence of this entity to establish these guidelines.

The criteria for determining technical and operational capacity set out in the regulatory provisions issued by the Ministry of Health and Social Protection will then be further developed as enabling requirements in the processes for contracting PSPIC actions.

In addition, it will be established whether the criteria for determining technical and operational capacity are integrated or excluded with the enabling requirements established in the Public Administration Contracting Statute, or whether, in view of their scope and speciality, the criteria of technical and operational capacity, when the object to be contracted is the execution of the actions of the PSPIC, take precedence as mandatory requirements.

Finally, the need to include or create technical and operational capacity criteria or enabling conditions, which are based on the guidelines for the formulation of PSPIC actions, will be reviewed in order to have more suitable bidders, so that when they become executors of PSPIC contracts they have the capacity to carry out the required interventions in the territory.