La problemática del uso de los convenios de asociación como medio de contratación directa en Bogotá

Abstract

Since 2015, The Attorney General´s office and the “Municipal Attorney office” of Bogotá, observed that in the hiring of local mayor's offices in the city of Bogotá, the figure of the association agreement was frequently used as a selection mechanism to award contracts to non-profit entities in order to develop the corresponding programs of their administrations. However, they detected that the figure of the association agreement was being used to develop objects that could not be carried out by means of that modality, but those contractual processes had to be carried out under the different modalities contemplated by the contractual legal system. The aim of this research project is none other than to clarify the factual and legal causes by which the use of the figure of the association agreement as a means of selection and award of the state contract, has recently aroused great controversy within the public administration district; since it has reached the point of putting under consideration the majority of the execution carried out by the local mayors of the capital that performed their functions during the period 2012-2015, and which has led to the opening of several disciplinary and criminal processes for this situation.