Autonomía en los manuales de contratación de las entidades estatales de régimen especial

Abstract

This research is aimed at analyzing whether there are limits regarding the autonomy that special regime state entities have in their contracting manuals, specifically, in what corresponds to establishing deadlines different from those contemplated in the general contracting statute of the public administration. We manage to expose each of the determining and necessary concepts to be able to have a clearer view of the problematic question to be addressed. In this way, we explain what a state entity is, the special regimes and their applicable regulations, the general contracting statute of the administration, contracting manual and aspects that should or should not be part of it, and finally we analyze the limits that said manuals should have. For this result, we use the theoretical methodology, we study the applicable regulations such as Law 80 of 1993 from the General Statute of Public Administration Contracting - EGCAP, Law 1150 of 2007 through which measures for efficiency and transparency are introduced in Law 80 of 1993 and other general provisions on contracting with Public Resources are issued, Decree 1082 of 2015 through which the single regulatory decree of the National Planning Administrative sector is issued, the concepts established by the Administrative Department of the Public Function, and Colombia Efficient Purchase platform. We have highlighted the aspects in which the special regime entities have or do not have total autonomy expressed in the contracting manual, where the objective is to point out that, although they are empowered to apply rules other than the General Contracting Statute of the public administration in their contractual activity, their contracting manuals must have general guidelines in specific aspects that do not allow their total separation from the rules of public law. However, according to the study carried out, with regard to establishing deadlines different from those contemplated in the EGCAP, it can be concluded that it does have absolute regulatory freedom in that aspect.