Los consorcios en los procesos de licitación publica

Abstract

Definitely, state entities are called upon to fulfill the mission goals of the State, the satisfaction of the common good, through the provision of services to society. They are protected by constitutional principles. With this underlying need, the state calls for the participation of natural or legal persons through the exercise of state contracting, a tool provided to the state for fulfilling its obligations. In this process, the actors must meet legal, technical, and economic requirements in order to achieve efficient, effective, and cost-effective contracting. With this intention, the idea of a unified statute was developed, which would define the guidelines and rules of participation, all in accordance with the guiding principles, as enshrined in Law 80 of 1993. State procurement processes must always be guided by the principles inherent to this field, characterized by the participation of natural or legal persons who, according to the requirements of the legal framework, as well as technical and budgetary validity, direct the state's contractual activity. However, there are times when the procurement process is weakened, especially due to the limited capacity of a bidder for a bidding process, which gives particular relevance to consortia. Considering the above, it is evident that the state contractual regime does not foresee situations of consortium participation, which indicates a lack of regulation on the subject. This leads to the understanding that much of the application regarding the topic is carried out by referring to the Public Procurement Statute.