Control y vigilancia del proceso pre contractual en la licitación pública

Abstract

One of the main challenges faced by public administration in Colombia is the lack of trust of citizens in relation to the actions of the State, especially regarding the perception of public procurement, which is considered one of the areas with a considerable risk of corruption and undue economic capture. For this reason, the objective of this study is to analyze the mechanisms of control, transparency, and citizen participation in the pre-contractual stage of public bidding processes within the framework of the public procurement statute, with the purpose of ensuring compliance and the efficient execution of public resources. State contracting is an essential mechanism through which the government carries out its administrative functions and addresses collective needs. Public bidding, recognized as the general rule for selecting contractors, is also considered the most protective modality, as it enables open participation and ensures the proper management of public resources. This process allows the administration to choose proposals that best align with the requirements and objectives established for the contract. In this regard, the present study offers an analysis of the different mechanisms of control and public participation, such as the functioning of citizen oversight bodies (veedurías ciudadanas), the handling of observations during the bidding documents stage, and the preventive oversight exercised by the Office of the Comptroller General in public tendering processes in the Colombian State. This is approached from the general principles of public procurement, with the aim of highlighting their impact on the proper management and use of public resources.