RÉGIMEN DE RESPONSABILIDAD DISCIPLINARIA APLICABLE A LOS CONTRATISTAS DE PRESTACIÓN DE SERVICIOS DE APOYO A LA SUPERVISIÓN*

Abstract

Contracts for the provision of services, enshrined in the General Statute of State Contracting, represent a legitimate contractual form for public entities, with the aim of guaranteeing the proper execution of projects and compliance with norms and standards established in contracting manuals. . Although they are an exception in relation to the State, the justification lies in their usefulness as a tool to deal with eventual tasks that cannot be carried out by plant personnel. From the promulgation of Law 1474 of 2011, the supervision function was specifically determined with the purpose of preventing the occurrence of acts of corruption, and as a consequence, public entities were granted the power to hire support personnel with in order to carry out said supervisory tasks. From this perspective, it is necessary to determine a clear and effective regime regarding the disciplinary responsibility of contractors providing supervision support services, for which the nature of the service provision contract will be analyzed, the particularities will be studied and characteristics of the supervision support contract, and finally, the disciplinary liability regime of supervision support contractors will be examined.