Análisis de los estándares de transparencia y selección objetiva en procesos de compra pública reflejados en el SECOP relativos a covid19 en municipios del departamento de Atlántico –Colombia.

Abstract

In Colombia, state contracting is regulated by Law 80 of 1993 and Decree 1157 of 2007, the purpose of which is that the contracts made by public entities are in harmony with the principles of transparency, economy, objective selection, good faith, and advertising. For such purposes our legislation has means of contracting such as public bidding, abbreviated selection, merit contest, direct contracting, minimum amount contracting, among others. Reason for which to guarantee the principles and purposes of the aforementioned contracting, the contractor must take into account qualities that the subject with whom the contract will be signed, such as: capacity, experience, RUP, and others. Thus, the purpose of this project is to study some contracts issued by municipalities in the Department of Atlántico, Colombia during the Covid-19 pandemic and thus determine if they are adjusted to the prevailing legal framework in our country. Carrying out this research contributes to the expansion and deepening of administrative law, state contracting as one of the most important manifestations in this branch and the irregularities that can occur in these acts. In modern contract theory, and in Colombia since the 1991 Constitution, the state contract goes beyond the criteria of civil law, which are based on the autonomy of the will and immutability, to incorporate postulates such as the reciprocity and good faith, contained in article 28 of Law 80 of 1993 according to which “In the interpretation of the norms on state contracts, relative to procedures for the selection and selection of contractors and in the clauses and stipulations of the contracts. the purposes and principles referred to in this law will be taken into consideration.