Law 80 of 1993 (October 28)
Official Gazette No. 41,094 of October 28, 1993
Whereby the General Contracting
Public Administration Term Notes summary is issued
CONGRESS OF COLOMBIA DECREES
GENERAL PROVISIONS ARTICLE 1o. OBJECT. This law is intended to provide the rules and principles governing contracts of state entities.
. DEFINITION OF ENTITIES, SERVERS AND UTILITIES. For the sole purpose of this law:
1o. State entities are called:
a) The Nation, regions, departments, provinces, capital district and special districts, metropolitan areas, associations of municipalities, indigenous territories and municipalities; public establishments, industrial and commercial enterprises of the State, mixed economy in which the state has greater than fifty percent (50%) participation and indirect decentralized entities and other legal entities in which there is such majority public participation, whatever the name they adopt, at all levels and levels. Editor's Notes
B) The Senate, the House of Representatives, the Higher Judicial Council, the Attorney General's Office, the Comptroller General of the Republic, departmental, district and municipal comptrollers, the Attorney General's Office, the National Civil Registry, ministries, administrative departments, superintendents, special administrative units and, in general, agencies or departments of the State to which the law grants capacity to contract. Effective Jurisprudence
2o. They are called public servants:
a) Natural persons who provide services to dependent agencies and entities referred to in this article, except for associations and foundations of joint participation in which such designation shall be preached exclusively their representatives legal and officials of the executive management levels or advisor or their equivalents in those concluding contracts on behalf of those delegated. Effective Jurisprudence
B) Members of the public corporations that have the capacity to enter into contracts on behalf of them. Effective Jurisprudence
3o. They are called public services:
Those who are destined to meet collective needs in general, permanent and continuously, under the direction, regulation and control of the state, as well as those by which the state seeks to preserve order and ensure compliance its purposes.
PARÁGRAFO. Effective Notes
ARTICLE 3. ENDS OF THE GOVERNMENT CONTRACTING. Public servants will consider that the contracts and the implementation thereof, the entities seeking compliance with state purposes, continuous and efficient delivery of public services and the effectiveness of the rights and interests of the governed that work with them in achieving these goals.
Individuals, meanwhile, will take into account when concluding and implementing contracts with state entities, in addition to obtaining utilities whose protection guaranteed by the State, working with them in achieving their goals and fulfill a social function, as that implies obligations. Effective Notes
ARTICLE 4. RIGHTS AND DUTIES OF STATE ENTITIES. To achieve the purposes mentioned in the previous article, State entities:
1o. They require the contractor the appropriate and timely implementation of the contracted object. The same requirement may make the guarantor.
2o. They will advance the necessary steps for the recognition and collection of financial penalties and guarantees as may be appropriate.
3o. They request the updating or revision of prices when altering phenomena against economic or financial balance of the contract occur.
4o. They will advance periodic reviews of the work performed, services rendered or goods sumistrados to verify that they meet the quality conditions offered by contractors, and promote the actions of liability against them and their guarantors when these conditions are not met. Periodic
which this numeral refers to reviews should be conducted at least once every six (6) months during the term of validity of the guarantees.
5O. They require that the quality of goods and services purchased by government entities are consistent with the minimum requirements of mandatory technical standards, without prejudice to the power to require that such goods or services meet the Colombian technical standards or, failing with international standards developed by organizations recognized worldwide or foreign standards accepted in the international agreements signed by Colombia.
6o. They brought forward the necessary actions to obtain compensation for damages suffered in development or in connection with the contract concluded.
The 7th. Without prejudice to the appeal under warranty, they repeated against public servants, against the contractor or third parties responsible, as appropriate, for compensation to be paid as a result of contractual activity. Effective Jurisprudence
The 8th. They take the necessary measures to maintain existing technical, economic and financial conditions at the time to propose in cases in which it was made tender or contest, or to contract in cases of direct contracting for the development and execution of the contract. To do this they used the adjustment mechanisms and repricing, they go to review procedures and correction mechanisms if they fail such assumptions or hypotheses to be agreed execution and default interest. Effective Notes
Without prejudice to update or revise prices, should not have agreed default interest, the equivalent of twice the civil legal interest on the restated historical value rate will apply. Editor's Notes
The 9th. They act in a way that causes them attributable not come upon more onerous in fulfilling the obligations of the contractor. To this end, in the shortest possible time, will correct the imbalances that may arise and agreed mechanisms and procedures to guard against or deal quickly and efficiently the differences or legal disputes that come near to present.
10. They respect the order of presentation of payments by contractors. Only for reasons of public interest, the head of the entity may amend the order by recording such action.
For this purpose, entities must keep track of submission by the contractors, the documents required to make the payments under contracts, so that they can verify strict respect for the right turn. This register shall be public.
The provisions of this paragraph shall not apply with respect to those payments whose supports have been presented in an incomplete or are pending compliance with requirements of the contract are derived. Effective Notes
The 5th ITEM. RIGHTS AND DUTIES OF CONTRACTORS. For the realization of the purposes referred to in article 3o. of this law, contractors:
1o. They shall be entitled to receive the remuneration agreed timely because the intrinsic value of it is not altered or changed during the contract period. Consequently
shall, upon request, the administration will restore the balance of the economic equation of the contract to a point of no loss by the occurrence of unforeseen situations that are not attributable to the contractors. If this balance is broken by default by the contracting state entity, you will have to reset the equation arising at birth the contract. Effective Jurisprudence
2o. They cooperate with the contracting entities as necessary for the contracted object is met and that it is of the highest quality; they will abide by the orders during the course of the contract they taught them and, in general, will work with loyalty and good faith in different contractual stages, avoiding the delays and entrabamientos that might arise.
3o. They may go to the authorities in order to obtain the protection of rights under the contract and punishment for those who violate the unknown or.
The authorities may not make participation in bidding or tendering or award, addition or modification of contracts, any cancellation of sums due to the contractor's resignation, withdrawal or abandonment of claims, actions, demands and claims by East. Effective Notes
4o. They guarantee the quality of goods and services contracted and answer for it.
5O. They will not accede to requests or threats of those acting outside the law in order to force them to do or omit any act or event.
When such requests or threats arise, the contractors must immediately report the occurrence to the contracting entity and other competent authorities to adopt them and corrective measures that may be necessary. Failure to comply with this obligation and the conclusion of agreements or prohibited agreements, will lead to the declaration of nullity of the contract.
ARTICLE 6o. CAPACITY TO CONTRACT. They can enter into contracts with state entities legally capable persons considered under current provisions. They may also enter into contracts with state agencies, consortia and joint. Effective Jurisprudence
Domestic and foreign legal persons must certify that their duration should not be less than the term of the contract and a year.
ARTICLE 7. CONSORTIA AND TEMPORARY UNIONS. For the purposes of this law it means:
When two or more persons jointly submit the same proposal for award, conclusion and implementation of a contract, jointly responding to each and every one of the obligations arising from the proposal and the contract. Consequently, actions, acts and omissions that occur in development of the proposal and the contract will affect all members that comprise it.
2o. Union Temporal:
When two or more persons jointly submit the same proposal for award, conclusion and implementation of a contract, jointly accounting for full compliance of the proposal and the contracted object, but the penalties for non-compliance the obligations arising from the proposal and the contract will be imposed according to the participation in the implementation of each of the members of the joint venture. PARAGRAPH 1.
. Proponents indicate whether your participation is by way of consortium or joint venture and, in the latter case, shall indicate the terms and extent of participation in the proposal and its implementation, which may not be modified without the prior consent of the entity Contracting state.
The members of the consortium and temporary union shall appoint the person who, for all purposes, represent the consortium or joint venture and will point out the basic rules governing the relations between them and their responsibility. PARAGRAPH 2.
. . Effective Notes
Previous legislation PARAGRAPH 3.
. In cases where companies under any of the forms provided by law solely for the purpose of submitting a proposal, execute and deliver a state contract conform, responsibility and their effects shall be governed by the provisions of this law for consortia .
Article 8. OF HIRING ineligibility and incompatibility.
1o. They are unfit to participate in bids or tenders and to conclude contracts with state entities: Effective Notes
A) persons who are disqualified from contracting by the Constitution and laws.
B) Participants in bids or tenders or contracts concluded in the preceding literal being disabled. Effective Notes
C) Those led to the declaration of forfeiture.
D) Those in judgment have been sentenced to the penalty of interdiction of rights and public functions and who have been punished with disciplinary dismissal. Effective Jurisprudence
E) Those without just cause to refrain from signing the state contract awarded.
F) Public servants.
G) Those who are spouses or permanent companions and who are within the second degree of consanguinity or second of affinity with any other person who has formally submitted proposal for the same tender or competition. Effective Notes
H) Different open stock companies, in which the legal representative or any of its partners has kinship second degree of consanguinity or second of affinity with the legal representative or any of the members of a company that formally He has submitted proposal for the same tender or competition. Effective Notes
I) Members of partnerships to which has been declared shelf life and societies of people than those forming part after that declaration.
The disqualifications referred to in subparagraphs c), d) and i) shall be for a term of five (5) years from the date of execution of the act that declared the expiration or judgment that imposed the penalty, or act that ordered the dismissal; those provided in subparagraphs b) and e), shall be for a term of five (5) years from the date of occurrence of the fact of participation in the tender or competition, or the conclusion of the contract, or the expiry of the deadline for signature. Effective Notes
J) Individuals who have been declared legally responsible for committing crimes against the public administration or any of the crimes or offenses covered by the Act 1474 of 2011 and amended standards or any criminal conduct referred by conventions or treaties anticorruption signed and ratified by Colombia, as well as legal persons who have been declared administratively liable for the conduct of transnational bribery.
This inability proceed preemptively even in cases where the decision on the appeal of the conviction is pending.
Also extend to the inability societies that are part of such persons as administrators, legal representatives, board members or controlling partners, its parent and its subsidiaries and branches of foreign companies, with except for listed corporations.
The inability under this subparagraph shall be extended for a period of twenty (20) years. Effective Notes
K) Persons who have financed political campaigns for the Presidency of the Republic, gubernatorial or mayoral with contributions exceeding two point five percent (2.5%) of the maximum amounts to be invested by the candidates in campaigns election in each constituency, who can not enter into contracts with public entities, even decentralized, the respective administrative level for which the candidate was elected.
The inability will spread throughout the period for which the candidate was elected. This ground will also operate for people who are within the second degree of consanguinity, affinity, or first civil of the person who has funded the political campaign.
This inability will also include existing companies or those that become constituted other than open stock, in which the legal representative or any of your partners have directly or through an intermediary funded political campaigns to the Presidency of the Republic, governorates and municipalities.
The inability referred to in this rule shall not apply with respect to contracts for the provision of professional services. Effective Notes
K) The auditor who breaches the duty to provide information to the contracting entity related to the breach of contract, facts or circumstances that may constitute acts of corruption established as criminal conduct, or that may place or jeopardize compliance of the contract.
This inability will run for a term of five (5) years from the administrative act so declare, after the appropriate administrative action. Effective Notes
2o. Nor may participate in tenders or contests or enter into contracts with the respective state entity: Effective Notes
A) Who were members of the board or board or public servants of the contracting entity. This incompatibility only includes those who played roles in executive management levels, and advisor or extending the term of one (1) year from the date of withdrawal. Editor's Notes
B) Persons who have family ties up to the second degree of consanguinity, affinity or first civil with public servants in the executive levels, consultant, executive or members of the board or board, or with persons exercising internal or fiscal control of the contracting entity. Effective Jurisprudence
C) The spouse, permanent partner of public servants in the executive levels, consultant, executive, or a board member or board, or person exercising internal control functions or fiscal control. Effective Jurisprudence
D) Corporations, associations, foundations and corporations that do not have the character of open, as well as limited liability companies and other partnerships in which the public servant at the executive management level, advisor or , or board member or board, or the spouse or permanent companion or relatives to the second degree of consanguinity or affinity of either civil, ownership interest or management positions or perform management. Effective Jurisprudence
E) The members of the boards or boards. This incompatibility only preached about the entity to which they serve and the administrative sector to which it is attached or linked.
F) Directly or indirectly persons who have held positions at the managerial level in state entities and companies in which these are part of or linked to any title, during the two (2) years following the retirement of exercise public office, when the object to develop is related to the sector to which lent their services.
This incompatibility will also operate for people who are within the first degree of consanguinity, first of affinity or first civil of former public employee. Effective Notes
. The inability under paragraph d) of the 2nd ordinal. This article shall not apply in relation to corporations, associations, foundations and companies mentioned therein, when legal or statutory provision public servant in the aforementioned levels should play in these management positions or management.
The new text is as follows:> In the grounds of disability by blood or marriage, the links disappear by death or dissolution of marriage. Effective Notes
. For the purposes specified in this article, the National Government will determine what is meant by open corporations.
Article 9. OF supervening ineligibility and incompatibility. If it should occur inability or incompatibility to the contractor, the contract will yield the prior written authorization of the contracting entity or, if this is not possible, give up its implementation.
When the inability or incompatibility originating within a proponent within a tender or competition shall be deemed to waive participation in the selection process and the rights arising therefrom.
If the inability or incompatibility occurs in one of the members of a consortium or joint venture, it will transfer its stake to a third party prior written authorization of the contracting entity. In no event may be assigned the contract between those who make up the consortium or joint venture. Effective Notes
ARTICLE 10 OF THE EXCEPTIONS TO ineligibility and incompatibility. Are not sheltered by the disqualifications and incompatibilities that the previous articles, people who hire legal obligation or do so to use the goods or services that entities this statute refers to providing the public on common conditions to the request or legal persons nonprofit whose legal representatives are part of the boards or boards under their charge or legal or statutory mandate, or who enter into contracts on development of the provisions of Article 60 of the Constitution .
ARTICLE 11. COMPETITION TO LEAD AND TENDERS OR CONTESTS TO CELEBRATE CONTRACTS STATE. In state entities to which Article 2 refers .: Effective Notes
1o. The power to order and direct the holding of bids or tenders and choosing contractors will be the head or representative of the entity, as appropriate. Effective Notes
2o. It is competent to conclude contracts on behalf of the Nation, the President of the Republic. Effective Jurisprudence
3o. Competent to conclude contracts on behalf of the respective entity:
a) The Cabinet ministers, directors of administrative departments, superintendents, heads of special administrative units, the President of the Senate of the Republic, the President of the House of Representatives, the presidents of the Administrative chamber of the Superior Council of the Judiciary and its Sectional Councils, the Attorney General's Office, the Comptroller General of the Republic, the Attorney General's Office, and the National Registrar of Civil Status . Effective Jurisprudence
B) A territorial level, provincial governors, municipal and district capital and special mayors, departmental, district and municipal comptrollers, and the legal representatives of the regions, provinces, metropolitan areas, indigenous territories and associations of municipalities in the terms and conditions of the legal rules governing the organization and operation of such entities. Effective Jurisprudence
C) The legal representatives of the decentralized entities at all levels and levels. Effective Jurisprudence
ARTICLE 12 OF THE DELEGATION TO HIRE. Heads and legal representatives of state agencies may delegate all or part of contracts and competition for devolve making bids or tenders in the public servants who hold positions of managerial or executive level or equivalent. Editor's Notes
In any case, heads and representatives of state legal entities will be exempted by virtue of the delegation of duties control and monitoring of the pre-contractual and contractual activity. Effective Notes
PARÁGRAFO. For the purposes of this Act, the term deconcentration proper distribution of work that the head or legal representative of the entity, without incurring administrative autonomy in the exercise. Consequently, against the activities carried out under the administrative decentralization will not proceed any resources. Effective Notes
ARTICLE 13 OF THE REGULATIONS APPLICABLE TO CONTRACTS STATE. Contracts by entities which Article 2 refers. of this statute shall be governed by the relevant commercial and civil provisions, except for matters particularly regulated by this law.
The contracts abroad may govern execution by the rules of the country where they have subscribed, unless to be fulfilled in Colombia. Effective Jurisprudence
The contracts entered into in Colombia and be executed or fulfilled abroad, may be subject to foreign law. Effective Jurisprudence
ARTICLE 14. THE MEANS TO BE USED FOR STATE ENTITIES COMPLIANCE WITH CONTRACTUAL PURPOSE. To fulfill the purposes of the procurement, state entities to enter into a contract:
1o. They have the general direction and responsibility to exercise control and supervision of the execution of the contract. Consequently, with the sole purpose to avoid paralysis or severe involvement of public services in charge and ensure immediate, continuous and adequate provision, may, in the cases provided for in paragraph 2o. of this article, interpret contractual documents and stipulations on them agreed, amendments to the contract signed and when the particular conditions so require the provision unilaterally terminate the contract concluded.
In Acts which are exercised some of these exceptional powers should proceed to the recognition and order of payment of compensation and compensation to entitled persons subject to such measures and mechanisms for adjustment of terms and conditions apply contract in such event, all in order to maintain the initial equilibrium equation or. Effective Jurisprudence
Against administrative acts ordering the interpretation, modification and unilateral termination, you shall leave to appeal, without prejudice to the contractual action can try the contractor, as provided for in Article 77 of this Law.
2o. They will be agreed exceptional clauses common law termination, interpretation and unilateral modification, submission to national laws and expiry in contracts aimed at exercising an activity that constitutes a state monopoly, the provision of public services or operation and granting of state assets, as well as works contracts. In exploitation contracts and concession of state property reversion clause will be included.
State entities may agree clauses in supply contracts and service delivery.
In the cases covered in this paragraph, exceptional clauses agreed understood even if not expressly consigned.
PARÁGRAFO. In the contracts signed with international, or cooperation, aid or assistance public persons; in interadministrativos; in borrowing, donation and lease and contracts aimed at commercial or industrial activities of state entities that do not correspond to those indicated in paragraph 2o. of this article, or aimed direct development of scientific or technological activities, as well as insurance contracts taken by state agencies, it is dispensed with the use of exceptional clauses or stipulations.
ARTICLE 15. INTERPRETATION OF UNILATERAL. If discrepancies between the parties on the interpretation of some of its provisions which may lead to paralysis or serious public service is to fulfill the contract object, the state entity arise during the execution of the contract, if no agreement is reached , properly construed motivated administrative act, the provisions or clauses in dispute. Editor's Notes
ARTICLE 16. MODIFICATION OF UNILATERAL. If to prevent paralysis or serious public service that must meet with him, regardless during the execution of the contract and necessary to introduce changes in the contract and previously the parties do not reach the respective agreement, the entity administrative act properly motivated, it amended by the deletion or addition of works, works, supplies or services.
If the modifications alter the value of the contract at twenty percent (20%) or more of the initial value, the contractor may waive the continued implementation. In this event, the settlement of the contract and the entity shall be ordered immediately adopt the measures necessary to ensure the completion of the subject matter hereof. Editor's Notes
ARTICLE 17. UNILATERAL TERMINATION. The entity duly motivated administrative act shall provide for the early termination of the contract in the following events:
1o. When the demands of public service required or the public order situation dictates.
2o. Death or permanent physical disability of the contractor, if a natural person, or dissolution of the legal person of the contractor. Effective Jurisprudence
3o. By judicial interdiction or bankruptcy of the contractor.
4o. By default, bankruptcy or judicial liens contractor of seriously affecting the performance of the contract.
However, in the cases referred to in the 2nd numerals. and 3o. This article may continue execution with the guarantor of the obligation.
The concordat initiation process will not result in the declaration of unilateral termination. In such an event the execution will be subject to the rules on business management of the debtor in concordat. The institution should have inspection measures, control and surveillance necessary to ensure compliance with the contractual object and prevent service shutdown. Effective Jurisprudence
ARTICLE 18 OF REVOCATION AND ITS EFFECTS. Shelf life is the provision under which, if you have any of the facts constituting breach of obligations by the contractor, affecting serious manner and direct the execution of the contract and evidence that may lead to its withdrawal, the entity by administrative act properly motivated it will be terminated and order its liquidation in the state it is in.
If the entity decides to abstain from declaring lapse, adopt control measures and necessary intervention to ensure the execution of the contracted object. The declaration of nullity shall not prevent the contracting entity to take possession of the work or continue immediately the execution of the contracted object, either through the guarantor or another contractor, who in turn you may cancel, when it any place. Effective Jurisprudence
If the expiration is declared there will be no right to compensation for the contractor, who will be liable to penalties and disqualifications under this law.
The declaration of nullity shall constitute the claim of default. Editor's Notes
ARTICLE 19 OF THE REVERSAL. In exploitation contracts or concession of state assets will be agreed that, at the end of the term of exploitation or concession items and goods directly affected to it become the property of the contracting entity, without this it must make compensation any.
reciprocity. In government procurement processes to the proposer of goods and services of foreign origin, the same treatment and the same conditions, requirements, procedures and award criteria shall be granted the treatment granted to national, exclusively on the principle of reciprocity.
It is understood principle of reciprocity, the commitment made by another country, by agreement, treaty or agreement concluded with Colombia, in the sense that the offers of Colombian goods and services will be granted in that country the same treatment granted to their nationals with respect to the conditions, requirements, procedures and criteria for the award of contracts with the public sector. PARAGRAPH 1.
. The Government, in agreements, treaties or agreements signed for this purpose, shall establish the necessary mechanisms to enforce equal treatment between national and foreign both in Colombia and in the country with whom the aforementioned be held agreement, convention or treaty. PARAGRAPH 2.
. When for the purposes specified in this article not been concluded agreement, treaty or agreement, proponents of goods and services of foreign origin may participate in recruitment processes under the same conditions and with the same requirements for Colombian nationals, provided and when in their respective countries proponents of goods and services of Colombian origin have equal opportunities. The National Government will establish mechanisms to ensure compliance with the reciprocity provided for in this paragraph.
ARTICLE 21. TREATMENT AND PREFERENCE OF NATIONAL OFFERS. State entities ensure the participation of suppliers of goods and services of national origin, in competitive terms of quality, timeliness and price, without prejudice to the objective selection procedure used and as long as there is supply of national origin.
When it comes to the implementation of investment projects will be available technological breakdown.
In the loan contracts and other forms of financing, other supplier credits, will seek employment or purchase of goods or the provision of specific foreign origin is not required, or that it is conditional bestowal. It also will seek to incorporate conditions that ensure the participation of suppliers of goods and services of national origin.
Being equal to contract, the supply of goods and services of national origin is preferred. Editor's Notes
For foreign bidders are equal, one containing greater integration of national human resources, greater national component and better conditions for technology transfer is preferred.
The Superior Council of Foreign Trade will determine the existing regime for imports of state agencies. PARAGRAPH 1.
. The National Government shall determine what constitutes goods and services of national origin and foreign origin and technological breakdown. also it corresponds to the national government to design mechanisms to facilitate timely knowledge of both the supply of goods and services of national origin, and demand from state entities. PARAGRAPH 2.
. The National Government will regulate the national component that must undergo state agencies to ensure the participation of offers of goods and services of national origin. Editor's Notes
ARTICLE 22. RECORDS OF BIDDERS. Effective Notes
II. PRINCIPLES OF GOVERNMENT CONTRACTING.
ARTICLE 23 OF THE PRINCIPLES IN CONTRACTUAL ACTIONS OF SUPREME STATE. The actions of those involved in government contracting will be developed according to the principles of transparency, economy and responsibility and in accordance with the principles governing the administrative function. Similarly, the rules governing the conduct of public servants, rules of interpretation of the contract, the general principles of law and individual administrative law apply to them.
ARTICLE 24. THE PRINCIPLE OF TRANSPARENCY. Under this principle:
1o. Effective Notes
2o. In contractual processes stakeholders will have opportunity to meet and controvert reports, concepts and decisions surrender or adopt, for which steps that allow the knowledge of these actions and granted the opportunity to express comments will be established.
3o. The actions of the authorities are public and records containing them are open to the public, allowing tender in the case of the exercise of the right which Article 273 of the Constitution.
4o. Authorities issued at the expense of those who demonstrate legitimate interest, copies of the proceedings and proposals received, respecting the reservation that legally enjoy patents, procedures and privileges.
5O. In the specifications or terms of reference: Effective Notes
A) the objective requirements shall be shown to participate in the corresponding selection process. Effective Jurisprudence
B) objective, fair, clear and comprehensive rules that allow the making of offers of the same nature will be defined, to ensure an objective choice and avoid declared void the tender or competition. Effective Notes
C) define precisely the conditions of cost and quality of the goods, works or services necessary for the execution of the contract.
D) No conditions and requirements unenforceable, or exemptions from liability of data, reports and documents supplied will be included.
E) rules do not mislead the proposers and contractors and to prevent the formulation of offers of unlimited or that depend on the exclusive entity extension will be defined. Effective Jurisprudence
F) the deadline for the settlement of the contract shall be defined, when it any, given its object, nature and amount.
They will be ineffective and void the terms of the specifications or terms of reference and contracts that contravene the provisions of this section, or have waive claims for the occurrence of the facts contained herein. Effective Notes
6o. In publishing notices opening bid or tender and the contract documents or terms of reference, rules of contract award would be drawn. Effective Notes
The 7th. The administrative acts issued in contractual activity or during it, except for purely procedural shall be justified in detail and accurately and also what will be the evaluation reports, the award process and the declaration of Desert process choice.
The 8th. The authorities did not act with misuse or abuse of power and exercise their powers only for the purposes provided by law. Similarly, it will be forbidden to circumvent objective selection procedures and other requirements under this statute.
The 9th. Notices of any kind through which report or announce the conclusion or performance of contracts by state entities, may not include any name or any public servant in charge of reference. PARAGRAPH 1.
. Effective Notes
. The national government shall, within six (6) months following the enactment of this law, regulation direct contracting, the provisions ensure and develop the principles of economy, transparency and objective selection provided for therein.
If the government does not issue the respective regulations, any contract can not be directly held by any state agency, under penalty of nullity. Effective Jurisprudence
. When the sale of the assets of state entities to be made by the hammer system, will be done through the auction procedure performing financial institutions duly authorized for this purpose and supervised by the Banking Superintendency. Editor's Notes
The selection of the selling entity will make the respective state entity, in accordance with the principles of transparency, economy, responsibility and objective selection and taking into account the administrative capacity that can be used by each financial institution for the auction. Effective Jurisprudence
ARTICLE 25. THE PRINCIPLE OF ECONOMY. Under this principle:
1o. In the selection standards and the specifications or terms of reference for the selection of contractors, they will be fulfilled and establish procedures and strictly necessary steps to ensure objective selection of the most favorable proposal. For this purpose, preclusive and peremptory terms for different stages of the selection and the authorities will be brought to the performances informal momentum. Effective Notes
2o. The rules of contractual procedures shall be interpreted in such a way that do not give rise to follow different and additional procedures to those expressly provided or allow avail themselves of the formal defects or failure to comply with requirements not decide or inhibitory proffer measures.
3o. It takes into consideration that the rules and procedures constitute mechanisms of contractual activity seeking to serve state purposes, adequate, continuous and efficient delivery of public services and the protection and guarantee of the rights of the citizens.
4o. The procedures will be advanced with austerity of time, resources and expenses and delays and delays in the execution of the contract will be prevented.
5O. procedures to ensure prompt resolution of disputes and controversies in connection with the conclusion and implementation of the contracts are presented be adopted.
6o. State agencies open bidding or tendering process and begin signing contracts, where there are the respective items or budget availability. Effective Notes
The 7th. The convenience or inconvenience of the object to hire and authorizations and approvals for it, be discussed or taught prior to the start of the selection process of the contractor or the signing of the contract, as appropriate.
The 8th. The act of awarding the contract and not be subject to approvals or subsequent administrative reviews, or any other kind of requirements or requirements different from those provided for in this statute.
The 9th. In the recruitment process will involve the head and advisory and implementing units of the entity that are indicated in the relevant rules for its organization and operation.
10. The heads or representatives of the entities to which this Act applies may delegate authority to conclude contracts in the terms provided in Article 12 of this Act and subject to the amounts that indicate their respective boards or boards. In other cases, such amounts shall be fixed by the regulations. Effective Jurisprudence
11. Corporations popular choice and control and monitoring bodies will not intervene in the procurement process, except in relation to the request for public hearing for the award if bidding. Effective Jurisprudence
In accordance with the provisions in Articles 300, paragraph 9o., And 313, paragraph 3o., Of the Constitution, the departmental assemblies and municipal councils authorize governors and mayors, respectively, for the conclusion of contracts .
12. Prior to the opening of a selection process, or the signing of the contract in the event that the selection mode is direct contracting, studies, designs and projects required, and the specifications should be developed, as appropriate.
When the object of the contract includes the execution of a work, on the same occasion indicated in the first paragraph, the contracting entity shall have the studies and designs that establish the feasibility of the project and its social, economic impact and environmental. This condition shall apply even for contracts involving the design within the object. PARAGRAPH 1.
. Effective Notes
. Effective Notes
13. The authorities constitute reserves and budgetary commitments needed, based on the value of benefits at the time of concluding the contract and the estimate of the adjustments resulting from the application of the clause upgrade price.
14. The entities shall include in their annual budgets a global appropriation intended to cover unforeseen costs caused by delays in payments, as well as those originating in the review of the agreed prices because of changes or alterations in the initial conditions contracts concluded by them.
15. The authorities do not require seals, authentications, original or authenticated documents, specimen signatures, official translations, or any other kind of formalities or rituals, except when demands peremptorily and expressly required by special laws.
16. In the applications submitted in the course of performance of the contract, if the state agency fails to respond within a period of three (3) months, it is understood that the decision is favorable to the claims of the applicant under administrative silence positive. But the appropriate official to respond shall be liable under the terms of this law.
17. Entities shall not reject applications that are given in writing citing the failure by the petitioner with the requirements established by the entity for processing and proceed to correct them informally and to remedy defects that are noticed in them. Similarly, you are obliged to file the records or accounts receivables on the date they are submitted by the contractor, they will proceed to correct or adjust unofficially whether it any place and, if this is not possible, will return as soon explaining writing the reasons for such determination is based.
18. The declared void the tender or competition only proceed on grounds or reasons preventing the objective choice and be declared in administrative act to be designated explicitly and detailed the reasons that led to that decision. Effective Notes
19. Effective Notes
20. Funding for the cancellation of obligations under state contracts may be awarded in trusteeship or any other form of management that allows obtaining benefits and financial advantages and the timely payment of the debt. Effective Jurisprudence
ARTICLE 26. THE PRINCIPLE OF RESPONSIBILITY. Under this principle:
1o. Public servants are bound to seek the fulfillment of the purposes of recruitment, to monitor the proper implementation of the hired object and protect the rights of the entity, the contractor and third parties who may be affected by the performance of the contract.
2o. Public servants accountable for their illegal actions and omissions and shall indemnify the damages caused because of them.
3o. Entities and public servants respond Upon the open bids or tenders without first prepared the relevant specifications, terms of reference, designs, studies, plans and assessments as may be necessary, or when the specifications or terms of reference have It has been made on incomplete, ambiguous or confusing way leading to interpretations or decisions of a subjective nature by those. Effective Notes
4o. The actions of public servants will be chaired by the rules on the administration of property of others and the mandates and principles governing conduct an adjusted ethics and justice.
5O. The responsibility for the direction and management of the contractual activity and the process of selection will be the leader or representative of the state agency, who can not move it to the boards or boards of directors of the entity, or corporations of popular election, the advisory committees or bodies control and monitoring it.
6o. The contractors will respond when formulating proposals in which economic conditions and recruitment are set artificially low in order to obtain the award of the contract.
The 7th. Contractors liable for concealing the contract, disqualifications, incompatibilities or prohibitions, or for supplying false information.
The 8th. Contractors respond and the entity will ensure the good quality of the contracted object.
ARTICLE 27 OF THE EQUATION CONTRACTUAL. In state contracts equality or equivalence between rights and arising at the time of proposing or contract obligations will be maintained, as appropriate. If this equality or equivalence breaks through no breach who is affected, the parties will adopt as soon as possible the necessary measures for its restoration. Effective Jurisprudence
For this purpose, the parties will sign agreements and covenants required amount, conditions and payment of additional costs, recognition of financial costs and interest, if we add any, adjusting the cancellation to the availability of appropriation of that is paragraph 14 of Article 25. in any case, institutions shall take the necessary measures to ensure the effectiveness of these payments and awards to the contractor in the same or the next term in question. Effective Jurisprudence
ARTICLE 28. INTERPRETATION OF RULES CONTRACTUAL. In the interpretation of the rules on state contracts concerning selection procedures and choice of contractors and the clauses and stipulations of the contracts will take into consideration the purposes and principles referred to in this law mandates good faith and equality and balance between benefits and rights that characterizes the commutative contracts. Effective Jurisprudence
ARTICLE 29. DUTY OF STRICT SELECTION. Effective Notes
ARTICLE 30 OF THE STRUCTURE OF THE SELECTION PROCEDURES. The tender or tender shall be in accordance with the following rules:
1o. The head or representative of the state agency will order its opening through motivated administrative act.
In accordance with the provisions of paragraph 12 of Article 25 of this Law, the opening decision must be preceded by a study conducted by the respective entity in which the appropriateness and timeliness of the contract is analyzed and its relevance to the investment plans, acquisition or procurement, budget and appropriations law, as appropriate. When necessary, the study should be accompanied also designs, plans and prefeasibility or feasibility assessments. Effective Notes
2o. The interested entity shall prepare the corresponding specifications or terms of reference, in accordance with the provisions in the 5th paragraph. Article 24 of this law, which is particularly detailed aspects relating to the subject of the contract, legal regulations, rights and obligations of the parties, determination and weighting of objective factors of selection and all other circumstances of time , manner and place as deemed necessary to ensure objective, clear and complete rules. Effective Notes
3o. Within ten (10) to twenty (20) days prior calendar to the opening of Ia tender shall be published up to three (3) warnings interval between two (2) and five (5) calendar days, according Io required the nature, subject and value of the contract, Ia Ia website of contracting entity and the Electronic System for Public Procurement -SECOP Ia.
In the absence of such media in small towns, according to the criteria in the regulations, will be read by side and fixed by advertisements in major public places for the term of seven (7) calendar days among which must include one of the market days in Ia respective population.
The notices contain information about the object and essential characteristics of the respective tender. Effective Notes
4o. Within three (3) days after the start of the period business days for Ia proposals at the request of any of the persons interested in the process, a hearing was held in order to clarify the content and scope of the specifications of which a document signed by the participants shall be recorded. In Ia Ia same hearing risk allocation which Article 4 of the 1150 Act 2007 in order to establish their classification, estimation and final allocation will be reviewed.
As a result of the discussions in Ia audience and when appropriate, the chief representative of Ia or entity shall issue the relevant amendments to these documents and shall extend, if necessary, within Ia tender or competition * for up to six (6 ) business days. Editor's Notes
This does not stop within Ia tender, any party may request further clarifications Ia procuring entity shall respond by written communication, Ia shall transmit to the person concerned and published in the SECOP for public knowledge. Effective Notes
5O. The deadline for the tender or competition, understood as the term that must elapse between the date from which they can submit proposals and its closure, be indicated in the specifications or terms of reference, according to nature , subject and value of the contract.
When deemed appropriate by the entity concerned, ex officio or at the request of a plural number of potential bidders, that period may be extended before it expires, for a term not exceeding half of the initially fixed. In any case addenda they may not be issued within three (3) days in which plans the closure of the selection process, even to extend the term thereof. The publication of these addenda can only be made on business days and working hours. Effective Notes
6o. Proposals should refer to and abide by each and every one of the points contained in the specifications or terms of reference. Proposers may submit alternative technical and economic always exceptions or and when they do not involve constraints for the award. Effective Notes
The 7th. According to the nature, purpose and amount of the contract, in the specifications or terms of reference, the reasonable period shall be indicated within which the institution must prepare the technical, economic and legal studies necessary for the evaluation of proposals and proposers request clarifications and explanations that are deemed necessary. Effective Notes
The 8th. The evaluation reports of the proposals remain in the secretariat of the entity for a period of five (5) business days for bidders to submit any comments they deem relevant. In exercising this authority, the bidders may not complete, add, modify or improve their proposals.
The 9th. The time limits for the award and signing the contract will be awarded in the specifications or terms of reference, taking into account the nature, purpose and amount.
The leader or representative of the entity may extend these deadlines before maturity, for a total term of not more than half the originally stated, provided that the administration needs so require. Within the same term
award may be declared void the tender or competition in accordance with the provisions of this statute. Effective Notes
10. In the event referred to in Article 273 of the Constitution, the award shall be made in open court. At the hearing attended by the head of the entity or person who, under the law, has been delegated the power to award and also they may intervene in her public servants who have prepared studies and assessments, proponents and others who wish to attend.
From the audience a written report which reflect the discussions and decisions in the development of it had been produced will be left will rise.
11. Effective Notes
12. If the contractor does not sign the corresponding contract within the term has been pointed out, will be in favor of the contracting entity, as a sanction, the value of the deposit or guarantee made to account for the seriousness of the proposal, without prejudice to actions at recognizing legal damage caused and not covered by the value of the aforementioned deposit or guarantee. Effective Jurisprudence
In this event, the state entity, through an administrative act properly motivated, may award the contract, within fifteen (15) days, the second qualified bidder, provided that the proposal is equally favorable to the entity .
PARÁGRAFO. For the purposes of this Act it means public bidding procedure through which the state entity publicly made a call so that equal opportunities, interested parties submitting bids and select the most favorable among them. When the object of the contract consists of studies or technical, intellectual or specialized jobs, the selection process will be called tender and shall also be made through a public invitation. Effective Notes
ARTICLE 31. PUBLICATION OF ACTS AND SENTENCES punitive. The operative part of the acts declared Ia expiry imposing fines, penalties or declare failure, once execution against, will be published in the SECOP and communicated to the chamber of commerce in the respective contractor is enrolled. They also inform Ia Ia Attorney General's Office. Effective Notes
III. STATE CONTRACT
of state contracts. Are state contracts all legal acts generators obligations by entities that this statute, under private law or special provisions, or from the exercise of autonomy refers to and which, to title without limitation, defined below:
1o. Work contract.
Works contracts are those who celebrate state entities for construction, maintenance, installation and, in general, to perform any other material work on real property, regardless of the mode of execution and payment.
In works contracts have been concluded as a result of a bidding process or public tender, the auditing must be contracted with a person independent of the contracting entity and the contractor, who will be responsible for the acts and omissions that would be ascribed in terms provided in Article 53 of this statute. Effective Notes
2o. Consulting contract.
Consulting contracts are concluded by a state entity regarding the necessary studies for the implementation of investment projects, studies
diagnosis, pre-feasibility or feasibility studies for specific programs or projects, as well as the technical coordination , control and supervision.
They are also consulting contracts which concern the auditing, consulting, construction management or project management, programming and implementation of designs, drawings, blueprints and projects. No order
auditor of a work may be given orally. The auditor is required to submit in writing their orders or suggestions and they must fall within the terms of the respective contract.
3o. Contract of service.
They are contracts to provide services that celebrate the state agencies to develop related to the administration or operation of the entity's activities. These contracts may be concluded only natural persons when such activities can not be done with existing staff or expertise.
In any case these contracts generate employment and social benefits and be held for a period strictly necessary. Effective Notes
4o. Concession Contract.
Concession contracts are celebrating the state entities in order to give a person named Dealer provision, operation, operation, organization or management, in whole or in part, of a public service or construction, operation or maintenance whole or in part, of a work or for the service or public use, as well as all activities necessary for the proper provision or operation of the work or service expense and risk of the concessionaire and under the supervision and control of the grantor, in exchange for remuneration which may consist of duties, fees, taxes, recovery, or participation to be granted in the operation of the well, or on a periodic, single or percentage amount and, in general, any other form of consideration the parties agree. Editor's Notes
5O. Fiduciary commissions and Public Fiducia.
. Effective Jurisprudence
Fiduciary assignments entered into by state entities with trust companies authorized by the Banking Superintendency, will support the administration or management of resources linked to contracts such entities award. The foregoing is without prejudice to the provisions of paragraph 20 of Article 25 of this Law.
The trust funds and public trust contracts may be concluded only by state entities in strict compliance with the provisions of this statute, only for objects with precisely determined deadlines. In any case public entities trustees may delegate trust companies awarding contracts concluded in development of custom or public trust, or agree their remuneration charged to the income of the trust, unless they are budgeted.
Fiduciary assignments and contracts commercial trust that the date of enactment of this law have been signed by state agencies, continue in force on agreed terms with trust companies.
The selection of hiring trust companies, whether public or private, be made with strict observance of the procurement procedure or contest provided for in this law. However, the cash surpluses of state entities may invest directly in ordinary mutual funds managed by trust companies, without resorting to a public bidding process. Effective Notes
The acts and contracts made in developing a public trust agreement or trust management strictly comply with the rules laid down in this statute, as well as the, budgetary, fiscal auditing and control of which is subject to the settlor state entity.
Without prejudice to the inspection and supervision of trust companies must carry to the Banking Superintendency and the subsequent control to be performed by the Comptroller General of the Republic and the departmental, district and municipal comptrollers on the administration of public resources such companies, state entities exercise control over the performance of the trust company developing fiduciary assignments or trust deeds, according to the Constitution and existing laws on the subject.
The authorizing trust for the public sector in this law, never involve transfer of control over state property or resources, or constitute autonomous own heritage of their official entity, without prejudice to the responsibilities of computer spending. Effective Notes
A public trust you the rules of the Commercial Code on commercial trust shall apply, as they are compatible with the provisions of this law. So
penalty of nullity can not be held trust deeds or subcontracts in violation of Article 355 of the Constitution. If such an event should occur, the settlor entity shall repeat against the person, natural or juridical, awarded the respective contract. Effective Notes
. Contracts entered Credit institutions, insurance companies and other financial institutions at the state, not subject to the provisions of General Contracting of the Public Administration and governed by the laws and regulations applicable to such activities .
In any case, his contractual activity is subject to the provisions of Article 13 of this Law. Effective Notes
. Effective Notes
ARTICLE 33 OF THE GRANTING OF SERVICES AND ACTIVITIES TELECOMMUNICATIONS. Means telecommunications activity the establishment of a telecommunications network, for private and exclusive use, to meet private telecommunications needs and offline state switched networks or other private telecommunications networks. For all legal purposes telecommunications activities are treated as private services.
It is understood by those telecommunications services are provided by legal entities, public or private, duly constituted in Colombia, with or without profit, in order to meet specific needs of telecommunications to third parties within the national territory or in connection with the outside.
For purposes of this law, the classification of public services and telecommunications activities will be established in the Decree Law 1900 of 1990 or other rules that clarify, amend or abolish.
Services and telecommunications activities will be provided through concession by direct contracting or through licenses by the competent bodies, in accordance with the provisions of the Decree Law 1900 of 1990 or the rules that replace, modify or add. Editor's Notes
The qualities of natural or legal persons, public or private, and the requirements and conditions and, legal, technical, to be met by dealers services and telecommunications activities, shall be those provided in the rules and statutes of existing telecommunications .
PARÁGRAFO. Procedures, contracts, partnerships and procurement of telecommunications services dealt with in Law 37 of 1993, shall continue to be governed by the provisions of this Act and the regulations that develop or supplement. TV services are granted by contract in accordance with legal regulations and special provisions on the subject. Effective Jurisprudence
ARTICLE 34 OF THE GRANTING OF TELEPHONE SERVICE LONG DISTANCE NATIONAL AND INTERNATIONAL. The concession for the provision of basic telephony services switched fixed national and international long distance, will be awarded in accordance with the provisions of Decree 2122 of 1992. Effective Notes
ARTICLE 35 OF SOUND BROADCASTING. Effective Notes
ARTICLE 36 DURATION AND RENEWAL OF THE CONCESSION. Effective Notes
REGIME ARTICLE 37. CONCESSIONS AND LICENSES OF POSTAL SERVICES. Effective Notes
- BANREPÚBLICA 3 of Resolution 2006. Legislation Previous
ARTICLE 38. THE SPECIAL REGIME FOR STATE INSTITUTIONS PROVIDING TELECOMMUNICATIONS SERVICE. State entities aimed at providing services and telecommunications activities in contracts entered for the acquisition and supply of equipment, construction, installation and maintenance of networks and sites where they are located, are not subject to the procedures selection under this Act.
The internal statutes of these entities will determine the exceptional clauses in contracts may agree, according to the nature of each, as well as procedures and amounts to which must be subject to its conclusion.
The procedures in compliance with the provisions of this article adopt these state entities, should develop the principles of objective selection, transparency, economy and responsibility established in this law. Effective Notes
ARTICLE 39 OF THE FORM OF STATE CONTRACT. The contracts entered into by state agencies shall be in writing and shall not require a public deed, except for those involving domain mutation or imposition of liens and easements on property and, in general, those under the legal regulations must comply with that formality.
State entities establish measures that requires preservation, immutability and safety of the original state contracts.
PARÁGRAFO. Effective Notes
ARTICLE 40. CONTENT OF STATE CONTRACT. The provisions of the contracts are those according to the civil, commercial and rules provided in this Act, corresponding to its essence and nature.
Entities may enter into contracts and agreements that allow the autonomy and requiring compliance with state purposes.
In the contracts entered into by state entities may include modalities, conditions and, in general, clauses or stipulations that the parties deem necessary and desirable, provided they are not contrary to the Constitution, the law, public order and the principles and purposes of this law and good administration.
In the loan contracts or any other form of financing from multilateral agencies, the regulations of such entities, which are not contrary to the Constitution or the law may be included and specific provisions contemplated.
PARÁGRAFO. In the contracts entered into by state entities may agree advance payment and delivery of advances, but the amount may not exceed fifty percent (50%) of the value of the respective contract.
Contracts may not be added more than fifty percent (50%) of its initial value, expressed it in minimum monthly wages. Editor's Notes
conclusion of the contract. State contracts are perfected when agreement on the object and the consideration is achieved and this will rise to writing. Editor's Notes
For the implementation will require the approval of the security and existence of corresponding, except budgetary availabilities concerned contracting with resources for future fiscal years in accordance with the provisions of the organic law of the budget. The proponent and the contractor must certify that they are up to date in payment of payroll taxes relating to the Comprehensive Social Security System and own the Seine, ICBF and Family Compensation, where applicable. Effective Notes
The state contracts are intuito personae and therefore, once concluded may not be assigned without prior written authorization of the contracting entity.
In case of emergency states that Article 42 of this law do not allow the signing of a written contract refers to, be dispensed with this and even the agreement on remuneration, however, shall be recorded written the authorization given by the contracting state entity.
In the absence of agreement on compensation in the preceding paragraph, the financial compensation will be agreed after the start of the execution of the contract. If the agreement is not achieved, the consideration will be determined by the valuation purpose of the respective entity or body having as advisory body of the Government and, failing this, by an expert appointed by the parties. PARAGRAPH 1.
. The requirement in the final part of the second paragraph of this article must be substantiated for each payment derived from the state contract.
The public servant without just cause not verify the payment of contributions which this article refers to incur grounds for misconduct, which shall be punished under the current disciplinary regime. Effective Notes
. Public credit operations. Notwithstanding the provisions of special laws, for purposes of this law are considered public credit operations which aim to provide the entity resource period for payment, among which are the contracting of loans, issuing , underwriting and placement of bonds and securities, suppliers' credits and the granting of guarantees for payment obligations by state entities.
Likewise, state institutions may hold their own for debt management, such as refinancing, restructuring, renegotiation, reorganization, conversion, replacement, purchase and sale of public debt, payment arrangements, hedging operations , which aim to reduce the value of debt or improve your profile as well as the capital with asset sales, securitization and those similar operations in the future to develop. For purposes of development of processes of securitization of assets and investments may constitute autonomous assets with entities under the surveillance of the Banking Superintendency, the same as when they are used to pay labor liabilities.
When the transactions described in the preceding paragraph relating to operations or assimilated external public credit, prior authorization from the Ministry of Finance and Public Credit, which can be granted in general or individually will be required, depending on the amount and type of the operation.
For the management and holding of foreign credit operation and similar to these state entities and operations internal public credit and similar to them by the Nation and its decentralized entities operations operations as well as for the granting of the guarantee of the Nation, the authorization of the Ministry of Finance and Public Credit, subject to the favorable opinions of CONPES and the National Planning Department will be required.
The national government, through regulatory decree issued no later than 31 December 1993, based on the amount and type of operations, its impact on the orderly management of the economy and organic principles of this Statute Procurement, may determine cases where these concepts are not required, and provide general authorizations for such operations. In any case, the external public credit operations of the Nation and guaranteed by it, most within one year, require prior concept of the Interparliamentary Commission of Public Credit. Effective Jurisprudence
Internal operations of public credit and decentralized territorial entities are governed by the provisions contained in Decrees 1222 and 1333 of 1986, which remain in force, except as expressly provided in this Act. In any case, prior to disbursement of resources from these operations, they must register with the Directorate General of Public Credit Ministry of Finance and Public Credit.
In accordance with the general conditions established by the monetary authority, issue, underwriting and placement of domestic public debt of local authorities and decentralized require prior authorization from the Ministry of Finance and Public Credit and prior favorable concept departmental or district planning agencies, as appropriate. Each of the concepts and required authorizations must be produced within a period of two months, counted from the date on which the bodies to be issued are to receive the required documentation completely. After this term for each agency, it is understood to be given the concept or authorization.
In any case the guarantee of the nation to internal public credit operations of local authorities and decentralized entities, or particular operations will be granted. Editor's Notes
Operations in this article and associated with them will be hired directly concerns. Publication, if we add any, will be fulfilled in the Official Journal in the case of operations of the Nation and its decentralized entities. For operations of the Nation this requirement shall be fulfilled on the date of publication order given by the Director General of Public Credit Ministry of Finance and Public Credit; in decentralized national entities, on the date of payment of the corresponding fees by the contracting entity.
Except as determined by the Council of Ministers, any provision requiring the borrower state agency to take action on prices, rates and generally is prohibited, the commitment to take decisions or actions on matters within its exclusive competence, by virtue of their public nature. Likewise, in contracts guarantee the Nation may only guarantee payment obligations.
The operations referred to in this article and which are held to be executed abroad shall be subject to the jurisdiction is agreed in contracts. PARAGRAPH 3.
. Effective Notes
ARTICLE 42. EXPRESSES THE URGENCY. There is urgency manifested when service continuity requires the provision of goods or the provision of services or the execution of works in the immediate future; when situations related to states of emergency occur; in the case of exceptional situations related to acts of calamity or constitute force majeure or disaster that demand immediate action and, in general, when dealing with similar situations that preclude attend selection procedures or public competition.
The manifest urgency administrative act be declared motivated. Effective Notes
PARÁGRAFO. In order to meet the needs and expenses of manifest urgency, they may make internal budget transfers that are required within the appropriate state agency or entity budget. Effective Jurisprudence
CONTROL ARTICLE 43. URGENT HIRING. Immediately after entered into contracts arising from the manifest urgency, these and the administrative act that declared, along with the contentivo record of the administrative record, the performance and evidence of the facts, the official or body exercising be sent fiscal control in the respective entity, which shall decide within two (2) months on the facts and circumstances that determined such a statement. If it is appropriate, such officer or agency shall request the immediate superior of the public servant who held the contracts or the competent authority, as appropriate, initiation of appropriate disciplinary research and arrange sending the matter to the appropriate officials for understanding the other actions. Misuse of emergency recruitment will be grounds for misconduct.
The provisions of this Article shall be without prejudice to other control mechanisms specified in the regulations to ensure adequate and proper use of emergency recruitment. Effective Jurisprudence
IV. THE REVOCATION OF CONTRACTS
ARTICLE 44. REVOCATION OF ABSOLUTE GROUNDS. State contracts are absolutely null in cases provided for in common law and also when:
1o. Incursas be held with persons grounds for disqualification or incompatibility provided for in the Constitution and the law;
2o. They are held against express constitutional or legal prohibition;
3o. They concluded with abuse or misuse of power;
4o. administrative acts in which they are based are declared null; and
5O. They have concluded in disregard of the criteria laid down in Article 21 on the treatment of domestic and foreign tenders or violation of reciprocity referred to in this law.
ARTICLE 45. ABSOLUTE NULLITY. The absolute nullity may be invoked by the parties, by the public prosecutor, by any person or declared automatically, and is not subject to ratification sanitation.
In the cases provided for in paragraphs 1o., 2o. and 4o. the previous article, the head or legal representative of the respective entity shall terminate the contract by administrative act properly motivated and order its liquidation in the state it is in. Effective Notes
ARTICLE 46 OF RELATIVE NULLITY. Other defects that arise in contracts and that under the common law constitute grounds for invalidity, can be sanitized by express ratification of the persons concerned or within two (2) years from the occurrence of the event giving rise to vice .