80 OF 1993
Official Journal No. 41,094 of 28 October 1993
For which the General Staff Regulations of Public Administration are issued
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. OF OBJECT. This law is intended to provide for the rules and principles governing the contracts of state entities.
ARTICLE 2o. FROM THE DEFINITION OF ENTITIES, SERVERS, AND UTILITIES. For the sole purposes of this law:
1o. They are called state entities:
a) The Nation, the regions, the departments, the provinces, the capital district and the special districts, the metropolitan areas, the associations of municipalities, the indigenous territories and the municipalities; the public establishments, the industrial and commercial enterprises of the State, mixed-economy companies in which the State has a share of more than fifty percent (50%), as well as indirect decentralised entities and other legal entities in Those who have such majority public participation, whatever the name that they adopt, in all orders and levels.
b) The Senate of the Republic, the House of Representatives, the Superior Council of the Judiciary, the Attorney General's Office, the Comptroller General's Office, the departmental, district and municipal contralories, the Attorney General's Office. General of the Nation, the National Registry of the Civil State, the ministries, the administrative departments, the superintendences, the special administrative units and, in general, the agencies or agencies of the State to which the law grant capacity to conclude contracts.
2o. They are called public servers:
a) The natural persons who provide their services to the agencies and entities concerned with this article, with the exception of the joint associations and foundations of participation name shall be exclusively predicated on its legal representatives and officials of the management, advisory or executive levels or their equivalents on whom the conclusion of contracts is delegated to them.
(b) Members of public corporations that have the capacity to conclude contracts representing them.
3o. They are called public services:
Those who are destined to satisfy collective needs in general, permanent and continuous form, under the direction, regulation and control of the State, as well as those by which the State seeks to preserve order and to secure the fulfilment of its aims.
PARAGRAFO. 32 of Law 1150 of 2007 >
ARTICLE 3o. OF THE PURPOSES OF THE STATE PROCUREMENT. The public servants shall take into consideration that, when concluding contracts and with the execution of contracts, the entities seek the fulfillment of the state purposes, the continuous and efficient provision of the public services and the effectiveness of the rights and interests of the managed ones that collaborate with them in the achievement of these ends.
32 of Law 1150 of 2007 > Individuals, for their part, will take into account when they celebrate and execute contracts with the state entities that, in addition to obtaining profits protection guarantees the State, collaborate with them in the achievement of their ends and fulfill a social function that, as such, implies obligations.
ARTICLE 4. OF THE RIGHTS AND DUTIES OF STATE ENTITIES. For the purpose of the purposes of the foregoing Article, state entities shall:
1o. The contractor shall require the appropriate and timely execution of the contracted object. The same requirement can be made to the guarantor.
2o. They shall bring forward the necessary arrangements for the recognition and recovery of financial penalties and guarantees to be taken.
3o. They shall request the updating or the revision of the prices in the event of phenomena affecting the economic or financial equilibrium of the contract.
4o. They shall carry out periodic reviews of the works executed, services provided or submissive goods, in order to verify that they comply with the quality conditions offered by the contractors, and promote the actions of responsibility against them. and their guarantors when those conditions are not met.
The periodic reviews referred to in this numeral shall be carried out at least once every six (6) months during the term of validity of the guarantees.
5o. They shall require the quality of the goods and services acquired by the State institutions to comply with the minimum requirements laid down in the mandatory technical standards, without prejudice to the power to require such goods or services to comply with the requirements of the Colombian technical standards or, failing that, with international standards developed by organizations recognized worldwide or with foreign norms accepted in the international agreements signed by Colombia.
6o. They shall bring forward the actions leading to compensation for the damage which they suffer in development or on the occasion of the contract concluded.
7o. Without prejudice to the call for guarantees, they shall repeat against the public servants, against the contractor or the third parties responsible, as the case may be, for the compensation to be paid as a result of the contractual activity.
8o. 32 of Law 1150 of 2007 > Adopt the necessary measures to maintain during the development and execution of the contract the technical, economic and financial conditions existing the moment of proposing in the cases in which have conducted a tender or contest, or to hire in the direct procurement cases. For this purpose they will use the adjustment and price review mechanisms, they will go to the procedures for reviewing and correcting such mechanisms if the assumptions or hypotheses for the execution fail and will agree on moratorical interests.
Without prejudice to the pricing update or revision, in the event of no moratorical interest being agreed, the rate equivalent to the double of the civil legal interest on the updated historical value will be applied.
9o. They shall act in such a way that, for reasons of which they are imputable, no greater consideration is given to the performance of the obligations under the contraaor. To this end, they shall, in the shortest possible time, correct any mismatches which may arise and agree on the relevant mechanisms and procedures for the prompt and effective solution or settlement of disputes or disputes arising in the present.
10. 19 of Law 1150 of 2007. The new text is as follows: > They will respect the order of payment by the contractors. For reasons of public interest only, the head of the institution may amend that order by making such an action known.
For the purpose, the entities must keep a filing record by the contractors, of the documents required to make the payments derived from the contracts effective, in such a way that they can verify the strict respect to the right of shift. Such registration shall be public.
The provisions of this numeral shall not apply with respect to those payments whose supports have been submitted in incomplete form or are pending the fulfilment of the requirements laid down in the contract for which they are derived.
ARTICLE 5o. OF THE RIGHTS AND DUTIES OF THE CONTRACTORS. For the purposes of the purposes of the article 3or. of this law, the contractors:
1o. They shall be entitled to receive the agreed remuneration in a timely manner and the intrinsic value of the remuneration shall not be altered or modified during the term of the contract.
Consequently, they will be entitled, upon request, to the administration to restore the balance of the economic equation of the contract to a point of non-loss due to the occurrence of unforeseen situations that are not attributable to the contractors. If such a balance is broken by non-compliance with the contracting state entity, the equation arising at the time of the contract's birth shall be restored.
2o. They shall collaborate with the contracting entities in whatever is necessary to ensure that the contracted object is met and that it is of the best quality; they will abide by the orders that during the development of the contract they give to them and, in general, they will work with loyalty and good faith in the different contractual stages, avoiding the dilations and intrabations that may arise.
3o. They may go to the authorities in order to obtain the protection of the rights deriving from the contract and the sanction for those who do not know or violate them.
32 of Law 1150 of 2007 > Authorities will not be able to condition participation in tenders or contests nor the award, addition or modification of contracts, as neither the cancellation of the sums owed to the contractor, the waiver, withdrawal or abandonment of petitions, actions, claims and claims by the latter.
4o. They will ensure the quality of the goods and services contracted and will respond accordingly.
5o. They will not access requests or threats from those who act outside the law in order to force them to do or omit any act or deed.
When such requests or threats are made, the contractors shall immediately inform the contracting entity and the other competent authorities of their occurrence so that they take the necessary corrective measures. Failure to comply with this obligation and the conclusion of the prohibited covenants or agreements shall result in the declaration of expiration of the contract.
ARTICLE 6o. OF THE CAPACITY TO CONTRACT. They may enter into contracts with the State entities, the persons considered legally capable of the provisions in force. You can also enter into contracts with state entities, consortia, and temporary unions.
Domestic and foreign legal persons must prove that their duration will not be less than the contract term and one year longer.
ARTICLE 7o. OF THE CONSORTIA AND TEMPORARY UNIONS. For the purposes of this law it is understood by:
When two or more persons jointly submit a proposal for the award, conclusion and execution of a contract, they jointly and severally respond to each and every one of the obligations arising out of the proposal and the contract. Consequently, the actions, acts and omissions that arise in the development of the proposal and the contract will affect all the members that make up the proposal.
2o. Temporary Join:
When two or more persons jointly submit a proposal for the award, conclusion and execution of a contract, jointly and severally responding to the full implementation of the proposal and the contract object, but the failure to comply with the obligations arising from the proposal and the contract shall be imposed in accordance with the participation in the implementation of each of the members of the temporary union.
PARAGRAFO 1o. The proposers shall indicate whether their participation is a consortium or a temporary union and, in the latter case, they shall indicate the terms and extent of the participation in the proposal and in its implementation, which may not be modified without the prior consent of the contracting state entity.
The members of the consortium and the temporary union shall designate the person who, for all purposes, shall represent the consortium or temporary union and shall indicate the basic rules governing the relations between them and their responsibility.
PARAGRAFO 2o. 285 of Act 223 of 1995. It goes into effect from its publication, as ordered by article 285 of the same Ley>.
PARAGRAFO 3o. In cases where companies are formed under any of the modalities provided for in the law with the sole object of submitting a proposal, holding and executing a state contract, liability and its effects shall be governed by the provisions laid down in this law for consortia.
1o. 32 of Law 1150 of 2007 > Are not able to participate in tenders or contests and to conclude contracts with the state entities:
(a) Persons who are disabled to contract by the Constitution and the laws.
b) 32 of Law 1150 of 2007 > Those who participated in the tenders or contests or celebrated the contracts that the previous literal deals with being disabled.
c) Those who gave rise to the expiration declaration.
(d) Those who have been sentenced to access to the court of justice have been sentenced to access to the law and public functions and those who have been disciplined with dismissal.
e) Those without fair cause refrain from subscribing to the state contract awarded.
f) The public servers.
g) 32 of Act 1150 of 2007 > Those who are spouses or permanent companions and who are within the second degree of consanguinity or second degree of affinity with any other person who has formally submitted a proposal for a same tender or contest.
(h) 32 of Law 1150 of 2007 > Companies other than open anonymous companies, in which the legal representative or any of its partners has a second degree of consanguinity or second degree of affinity with the legal representative or with any of the partners of a company that has formally submitted a proposal, for a single tender or contest.
(i) Company partners of persons to whom the expiration has been declared, as well as the companies of persons from whom they are a party after that declaration.
32 of Law 1150 of 2007 > The inabilities referred to in literals (c), (d) and (i) shall be extended for a term of five (5) years from the date of execution of the act which declared the expiry, or of the sentence imposed by the (b) and (e) shall be extended for a term of five (5) years from the date of the occurrence of the participation in the tender or contest, or the conclusion of the contract, or expiry of the deadline for signature.
j) 31 of Law 1778 of 2016. The new text is as follows: > Natural persons who have been legally responsible for the commission of crimes against the Public Administration or any of the crimes or offenses contemplated by the Law 1474 of 2011 and its amending rules or any of the criminal conduct contemplated by the conventions or treaties to fight corruption signed and ratified by Colombia, as well as the legal persons who have been administratively liable for the conduct of bribery transnational.
This inability will proceed preemptively even in cases where the decision on the impeachment of the conviction is pending.
Likewise, the inability will be extended to the companies of which such persons do as administrators, legal representatives, board members or controlling partners, their matrices and their subordinates and the branches of foreign companies, with the exception of public limited liability companies.
The inability foreseen in this literal will be extended by a term of twenty (20) years.
k) 33 of Act 1778 of 2016. The new text is as follows: > People who have financed political campaigns to the Presidency of the Republic, to the governorships, or to the municipal governments with contributions of more than two points five percent (2.5%) of the maximum amounts to be invested by the candidates in the electoral campaigns in each electoral constituency, who will not be able to enter into contracts with the public entities, even decentralized ones, of the respective administrative level for which the candidate was elected.
The inability will extend throughout the period for which the candidate was elected. This causation will also operate for people who are within the second degree of consanguinity, second of affinity, or first civilian of the person who has funded the political campaign.
This inability will also include existing companies or that they will become different from the open anonymous ones, in which the legal representative or any of its partners have financed directly or by person political campaigns to the Presidency of the Republic, to the governorships and the municipal governments.
The inability provided for in this standard shall not apply in respect of contracts for the provision of professional services.
k) 84 of Law 1474 of 2011. The new text is as follows: > The financial controller who fails to provide information to the contracting entity related to the breach of the contract, with facts or circumstances that may constitute acts of corruption conduct punishable, or which may place or put at risk the performance of the contract.
This inability will be extended for a term of five (5) years, counted from the execution of the administrative act that declares it, after the corresponding administrative action.
2o. 32 of Law 1150 of 2007 > Neither will be able to participate in tenders or contests nor to enter into state contracts with the respective entity:
a) Those who were members of the board or board of directors or public servants of the contracting entity. This incompatibility only includes those who perform functions at the managerial, advisory or executive levels and extends for the term of one (1) year, counted from the date of withdrawal.
b) Persons with kinship links, to the second degree of consanguinity, second degree of affinity or first civil to the public servants of the managerial, advisory, executive or board members or board members directive, or with persons exercising internal or tax control of the contracting entity.
c) The spouse, partner or permanent partner of the public servant at the managerial, advisory, executive, or board member or board member, or who exercises internal control or tax control functions.
(d) Corporations, associations, foundations and public limited liability companies which do not have the status of open, as well as limited liability companies and other companies of persons in which the public servant at the level senior management, adviser or executive, or board member or board member, or spouse, partner or permanent partner or relatives up to the second degree of consanguinity, affinity or civil to any of them, have participation or carry out management or management positions.
e) The members of the boards or boards. This incompatibility is only preached in respect of the entity to which it provides its services and those of the administrative sector to which it is attached or linked.
f) 4o. of Law 1474 of 2011. The new text is as follows: > Direct or indirectly the persons who have pursued positions in the management level in entities of the State and the companies in which they are part or are bound to any title, during the two (2) years following the withdrawal from the exercise of public office, where the object they develop is related to the sector to which they provided their services.
This incompatibility will also operate for people who are within the first degree of consanguinity, first of affinity, or first civil of the former public employee.
PARAGRAFO 1o. The inskill set in the literal d) of the ordinal 2o. of this article shall not apply in relation to the corporations, associations, foundations and societies mentioned therein, when by law or statutory provision the public servant at the levels referred to must carry out in them address or management.
18 of Law 1150 of 2007 > The new text is as follows: > In the causes of disability by kinship or by marriage, the links disappear by death or by dissolution of the marriage.
PARAGRAFO 2o. For the purposes set out in this article, the National Government will determine what should be understood by open anonymous societies.
ARTICLE 9o. OF THE OVERLIEUTENANTS AND INCOMPATIBILITIES. 32 of Law 1150 of 2007 > If an inability or incompatibility is found in the contractor, this will yield the contract prior written authorization of the contracting entity or, if not It shall give up its implementation.
When the inability or incompatibility occurs in a proponent within a tender or contest, it will be understood that the participation in the process of selection and the rights arising from it.
If the inability or incompatibility is to survive in one of the members of a consortium or temporary union, this shall yield its participation to a third prior written authorization of the contracting entity. Under no circumstances may the contract be transferred between the members of the consortium or temporary union.
ARTICLE 10. FROM EXCEPTIONS TO INABILITIES AND INCOMPATIBILITIES. They are not covered by the incompatibilities and incompatibilities of the foregoing articles, persons who engage in legal obligation or do so to use the goods or services which the entities referred to in this Statute provide to the public under conditions common to those who request them, or non-profit-making legal persons whose legal representatives are part of the boards or boards of directors by virtue of his or her post or by legal or statutory mandate, or those who conclude contracts in development as provided for in article 60 of the Political Constitution.
ARTICLE 11. OF THE COMPETITION TO CONDUCT TENDERS OR CONTESTS AND TO CONCLUDE STATE CONTRACTS. 32 of Law 1150 of 2007 > In the State entities referred to in Article 2or.:
1o. 32 of Law 1150 of 2007 > Competition to order and direct the holding of tenders or contests and to choose contractors will be from the chief or representative of the entity, as the case may be.
2o. He has the competence to conclude contracts on behalf of the Nation, the President of the Republic.
3o. They have competence to conclude contracts on behalf of the respective entity:
(a) The ministers of the office, the directors of administrative departments, the superintendents, the 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 Board of the Superior Council of the Judiciary and of its Sectional Councils, the Attorney General of the Nation, the Comptroller General of the Republic, the Attorney General of the Nation, and the National Registrar of the State Civil.
b) At the territorial level, the governors of the departments, the municipal mayors, and the capital and special districts, the departmental, district and municipal contralors, and the legal representatives of the regions, the 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.
c) The legal representatives of the decentralized entities in all orders and levels.
ARTICLE 12. OF THE DELEGATION TO CONTRACT. 32 of Law 1150 of 2007 > The heads and legal representatives of the state entities may delegate in whole or in part the competition to conclude contracts and to unconcentrate the execution of tenders or contests on public servers that perform management or executive level charges or their equivalents.
21 of Law 1150 of 2007. The new text is as follows: > In no case will the heads and legal representatives of the state entities be exonerated by the delegation of their duties of control and oversight of the pre-contractual and contractual activity.
PARAGRAFO. 21 of Act 1150 of 2007. The new text is as follows: > For the purposes of this law, the proper distribution of the work performed by the head or legal representative of the entity is understood as a deconcentration, without this implying administrative autonomy in its exercise. Consequently, against activities fulfilled by virtue of administrative deconcentration, no resource will proceed.
ARTICLE 13. OF THE NORMATIVITY APPLICABLE TO STATE CONTRACTS. Contracts to be concluded by the entities referred to in Article 2or. of this Statute shall be governed by the relevant trade and civil provisions, except in matters which are particularly governed by this law.
Contracts concluded abroad may be governed by the rules of the country in which they have been signed, unless they are to be complied with in Colombia.
Contracts that are held in Colombia and must be executed or enforced abroad may be subject to foreign law.
32 of Law 1150 of 2007 >
ARTICLE 14. OF THE MEANS TO BE USED BY STATE ENTITIES FOR THE PERFORMANCE OF THE CONTRACTUAL OBJECT. For the purposes of the procurement, the State entities when concluding a contract:
1o. They shall have the general direction and responsibility for exercising control and monitoring of the performance of the contract. Consequently, with the exclusive object of preventing the cessation or serious involvement of the public services in their care and ensuring the immediate, continuous and adequate provision, they may, in the cases provided for in the numeral 2o. of this Article, to interpret the contractual documents and the stipulations in them agreed, to introduce modifications to the contracted and, when the particular conditions of the provision so require, to terminate unilaterally the contract held.
In the acts in which some of these exceptional powers are exercised, the recognition and payment order of the compensation and compensation to which the persons subject to such measures are entitled shall be made and the mechanisms for adjusting the contractual terms and conditions to be in place, all in order to maintain the initialequation or balance.
Against the administrative acts that order the unilateral interpretation, modification and termination, the replacement will proceed, without prejudice to the contractual action that the contractor may attempt, as provided for in the article 77 of this law.
2o. They shall agree to the exceptional clauses of the common right of termination, unilateral interpretation and modification, of submission to national laws and of revocation in contracts which are intended to exercise an activity which constitutes a state monopoly, the provision of public services or the exploitation and the granting of State goods, as well as in the contracts for works. The reversal clause shall be included in the contracts for the exploitation and the granting of State goods.
State entities will be able to agree on these clauses in supply and service delivery contracts.
In the cases provided for in this numeral, the exceptional clauses are agreed upon even if they are not expressly stated.
PARAGRAFO. For contracts to be concluded with international public persons, or for cooperation, assistance or assistance; in the case of interadministration; in the case of loans, grants and leases and in contracts for which activities are to be carried out commercial or industrial of the State entities which do not correspond to those mentioned in the number 2o. of this Article, or having as their object the direct development of scientific or technological activities, as well as in the insurance contracts taken by the State entities, the use of the clauses or stipulations shall be dispensed with exceptional.
ARTICLE 15. UNILATERAL INTERPRETATION. If during the performance of the contract there are discrepancies between the parties on the interpretation of some of their stipulations which may lead to the cessation or serious affectation of the public service which is intended to satisfy the contracted object, the state entity, if no agreement is reached, shall interpret in a duly motivated administrative act, the stipulations or clauses that are the object of the difference.
ARTICLE 16. UNILATERAL MODIFICATION. If during the performance of the contract and in order to avoid the cessation or serious disruption of the public service to be satisfied with it, it is necessary to introduce variations in the contract and previously the parties they do not reach the respective agreement, the entity in duly motivated administrative act, will modify it by the deletion or addition of works, works, supplies or services.
If the modifications alter the value of the contract by twenty percent (20%) or more of the initial value, the contractor may waive the continuation of the execution. In this event, the settlement of the contract will be ordered and the entity will immediately take the necessary measures to ensure the termination of the object of the contract.
ARTICLE 17. UNILATERAL TERMINATION. The duly motivated administrative entity shall have the anticipated termination of the contract at the following events:
1o. Where the requirements of the public service so require or the situation of public order imposes it.
2o. By death or permanent physical incapacity of the contractor, if natural person, or by dissolution of the contractor's legal person.
3o. By judicial interdiction or bankruptcy declaration of the contractor.
4o. For cessation of payments, tender of creditors or judicial embargoes of the contractor that seriously affect the performance of the contract.
However, in the cases referred to by the numerals 2o. and 3o. This Article may continue to be carried out with the guarantor of the obligation.
The concordatary processing initiation will not result in the declaration of unilateral termination. In such event the execution shall be made subject to the rules on business administration of the debtor in Concordat. The entity shall have the necessary inspection, control and surveillance measures to ensure compliance with the contractual object and to prevent the service from being stopped.
ARTICLE 18. THE EXPIRATION AND ITS EFFECTS. The expiration is the stipulation by virtue of which if any of the facts constitutive of non-compliance with the obligations of the contractor is presented, that it affects in a serious and direct way the execution of the The contract and evidence which may lead to its cessation, the entity by means of a duly motivated administrative act shall terminate and order its liquidation in the state in which it is located.
If the entity decides to refrain from declaring the expiration, it shall take the necessary control and intervention measures, which ensure the execution of the contracted object. The revocation declaration shall not prevent the contracting entity from taking ownership of the work or immediately continue the execution of the contracted object, either through the guarantor or another contractor, who may in turn be to declare the expiry, where there is a place.
If the expiration is declared, there will be no compensation for the contractor, who will be the creditor of the sanctions and inabilities provided for in this law.
The expiration declaration will constitute the default.
ARTICLE 19. OF THE REVERSION. In the contracts for the exploitation or the granting of state assets, it shall be agreed that, at the end of the term of the holding or concession, the elements and goods directly affected by it shall become the property of the contracting entity, without that is why it must make compensation.
ARTICLE 20. RECIPROCITY. In the process of state procurement, the proposer of foreign goods and services shall be granted the same treatment and under the same conditions, requirements, procedures and award criteria as the treatment granted to the national, exclusively under the principle of reciprocity.
It is understood by principle of reciprocity, the commitment acquired 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 treatment of their nationals as regards the conditions, requirements, procedures and criteria for the award of contracts concluded with the public sector.
PARAGRAFO 1o. The National Government, in the agreements, treaties or conventions it holds for these purposes, must establish all the mechanisms necessary to enforce the equal treatment between the national and the in Colombia as well as in the territory of the country with whom the aforementioned agreement, agreement or treaty is concluded.
PARAGRAFO 2o. When for the purposes specified in this article no agreement, treaty or agreement has been concluded, the proposers of goods and services of foreign origin may participate in the processes of In the same conditions and with the same requirements as for Colombian nationals, provided that in their respective countries the proponents of goods and services of Colombian origin enjoy equal opportunities. The National Government shall establish mechanisms to ensure compliance with the reciprocity provided for in this paragraph.
ARTICLE 21. THE TREATMENT AND PREFERENCE OF NATIONAL OFFERS. State entities shall ensure the participation of suppliers of goods and services of national origin, under competitive conditions of quality, opportunity and price, without prejudice to the objective selection procedure to be used, provided that there is an offer of national origin.
When it comes to the execution of investment projects, technological breakdown will be available.
In borrowing contracts and other forms of financing, other than supplier credits, it will be sought that employment or the acquisition of goods or the provision of services of specific foreign origin is not required, or that the grant is conditioned. It will also be sought to incorporate conditions that guarantee the participation of suppliers of goods and services of national origin.
On an equal basis to contract, the supply of goods and services of national origin will be preferred.
For foreign bidders who are on a level playing field, they will prefer the one that contains the largest incorporation of national human resources, the largest national component, and the best conditions for the transfer of technology.
The Higher Foreign Trade Council will determine the current regime for imports from state entities.
PARAGRAFO 1o. The National Government will determine what should be understood by goods and services of national origin and foreign origin and by technological disaggregation. It is also up to the National Government to design mechanisms that facilitate timely knowledge of both the supply of goods and services of national origin, and the demand of state entities.
PARAGRAFO 2o. The National Government will regulate the national component to which state entities must submit, in order to guarantee the participation of offers of goods and services of national origin.
ARTICLE 22. FROM THE RECORDS OF PROPONENTS. 32 of Law 1150 of 2007 >
ARTICLE 23. OF THE PRINCIPLES IN THE CONTRACTUAL ACTIONS OF THE STATE ENTITIES. The actions of those involved in the state procurement will be developed in accordance with the principles of transparency, economy and responsibility and compliance with the postulates governing the administrative function. Likewise, the rules governing the conduct of public servants, the rules of interpretation of the procurement, the general principles of law, and the particular rules of administrative law shall apply to them.
ARTICLE 24. OF THE PRINCIPLE OF TRANSPARENCY. Under this principle:
1o. 32 of Law 1150 of 2007 >
2o. In the contractual processes, the interested parties will have the opportunity to know and to discuss the reports, concepts and decisions that will be held or adopted, for which they will establish stages that will allow the knowledge of these actions and grant the possibility of expressing comments.
3o. The actions of the authorities shall be public and the files containing them shall be open to the public, allowing in the case of a tender the exercise of the right to treat the article 273 of the Political Constitution.
4o. The authorities shall issue at the expense of persons who demonstrate legitimate interest, copies of the actions and proposals received, respecting the reservation that they legally enjoy the patents, procedures and privileges.
5o. 32 of Law 1150 of 2007 > In the or terms of reference:
a) The objective requirements necessary to participate in the corresponding selection process will be indicated.
b) 32 of Law 1150 of 2007 > objective, fair, clear and complete rules will be defined that allow the preparation of the same type of offers, ensure an objective choice and avoid the declaration of the void of the tender or contest.
(c) The conditions of cost and quality of the goods, works or services necessary for the performance of the subject matter of the contract shall be defined precisely.
(d) No conditions and requirements for impossible compliance, nor exemptions from liability arising from the data, reports and documents supplied shall be included.
e) Rules shall be defined that do not mislead the proposers and contractors and prevent the formulation of offers of unlimited extension or that depend on the exclusive will of the entity.
(f) The time limit for the settlement of the contract shall be defined, where appropriate, taking into account its object, nature and value.
32 of Law 1150 of 2007 > The stipulations of the or terms of reference and of contracts that contravene the provisions of the provisions of the provisions of the (a) this numeral, or disclaims to claims for the occurrence of the facts set forth herein.
6o. 32 of Law 1150 of 2007 > In the notices of publication of the opening of the tender or contest and in the specifications or terms of reference, the contract award rules will be flagged.
7o. The administrative acts which are issued in or on the occasion of the contract, other than those of a mere procedure, shall be given detailed and precise reasons and shall also be the assessment reports, the act of award and the declaratory of the desert of the process of choice.
8o. The authorities shall not act with deviation or abuse of power and shall exercise their powers exclusively for the purposes provided for in the law. It shall also be prohibited for them to circumvent the objective selection procedures and the other requirements laid down in this Statute.
9o. Notices of any kind through which the conduct of contracts by the State entities is reported or announced, shall not include any reference to the name or position of any public servant.
PARAGRAFO 1o. 32 of Act 1150 of 2007 >
PARAGRAFO 2o. The National Government will issue, within six (6) months following the enactment of this law, a direct procurement regulation, whose provisions will ensure and develop the principles of the economy, transparency and objective selection provided for in it.
If the government does not issue the respective regulations, no contract may be concluded directly by any state entity, subject to its nullity.
PARAGRAFO 3o. When the sale of the assets of the state entities is to be carried out by the hammer system, it shall be done through the auction procedure performed by the duly authorized financial institutions. for the effect and monitored by the Banking Superintendence.
The selection of the selling entity will be made by the respective state entity, in accordance with the principles of transparency, economy, responsibility and objective selection and taking into account the administrative capacity that each entity can use financial to perform the auctions.
ARTICLE 25. OF THE PRINCIPLE OF ECONOMICS. By virtue of this principle:
1o. 32 of Act 1150 of 2007 > In the selection rules and in the or terms reference for the choice of contractors, the procedures and stages strictly necessary to ensure the objective selection of the most favourable proposal will be met and established. For this purpose, preclusive and peremptory terms will be indicated for the different stages of the selection and the authorities will give official impetus to the actions.
2o. The rules of the contractual procedures shall be interpreted in such a way that they do not give rise to any further and additional formalities to those expressly provided for or to permit the use of defects in form or non-compliance with requirements. not to decide or to offer inhibitory providences.
3o. It will be taken into account that the rules and procedures constitute mechanisms of the contractual activity that seek to serve the state purposes, to the adequate, continuous and efficient provision of the public services and to the protection and guarantee of the rights of the administered.
4o. The procedures will be brought forward with austerity of time, means and expenses, and delays and delays in the execution of the contract will be prevented.
5o. Procedures shall be adopted to ensure that the differences and disputes arising from the conclusion and execution of the contract are resolved promptly.
6o. 32 of Act 1150 of 2007 > State entities will open tenders or contests and initiate contract underwriting processes, where the respective items are in place or Budget availabilities.
7o. The desirability or inconvenience of the object to be hired and the authorizations and approvals for this purpose, will be analyzed or imparted in advance at the beginning of the selection process of the contractor or the contract firm, as the case may be.
8o. The act of award and the contract shall not be subject to subsequent administrative approvals or revisions, or to any other class of requirements or requirements, other than those provided for in this Statute.
9o. In the procurement processes, the head and the advisory and implementing units of the entity shall be involved, which shall be identified in the relevant rules on their organisation and operation.
10. The heads or representatives of the entities to which this law applies may delegate the power to conclude contracts in the terms provided for in Article 12 of this law and subject to the amounts (a) to indicate their respective boards or boards of directors. In other cases, such amounts shall be fixed by the Regulation.
11. Popular choice corporations and control and surveillance bodies will not intervene in the procurement processes, except as regards the public hearing request for the award in the event of a tender.
In accordance with the provisions of Articles 300, number 9, and 313, number 3o, of the Political Constitution, the assemblies departmental and municipal councils will authorize the governors and mayors, respectively, for the conclusion of contracts.
12. 87 of Law 1474 of 2011. The new text is as follows: > Prior to the opening of a selection process, or to the signature of the contract in the case where the selection modality is direct procurement, the required studies, designs and projects must be developed, and the specifications, as appropriate.
When the object of the procurement includes the performance of a work, at the same opportunity as stated in the first subparagraph, the contracting entity shall have the studies and designs to establish the feasibility of the project and its social, economic and environmental impact. This condition shall apply even for contracts which include in the object the design.
PARAGRAFO 1o. 73 of Law 1682 of 2013 >
PARAGRAFO 2o. 73 of Law 1682 of 2013 >
13. The authorities shall constitute the necessary reserves and budgetary commitments, based on the value of the benefits at the time of the conclusion of the contract and the estimate of the adjustments resulting from the application of the price update.
14. The institutions shall include in their annual budgets a global appropriation intended to cover the unforeseen costs incurred by the delays in payments, as well as those arising from the revision of the prices agreed on the basis of the changes or changes in the initial conditions of the contracts concluded by them.
15. The authorities shall not require stamps, authentications, original or authenticated documents, recognition of signatures, official translations, or any other kind of formalities or ritual requirements, except when in the form of a pertory and express require special laws.
32 of Law 1150 of 2007 >
16. In the case of applications submitted in the course of the performance of the contract, if the State entity is not pronounced within the following three (3) months, the decision shall be deemed to be in favour of the claims of the applicant under of the positive administrative silence. But the official or officials responsible for responding will be responsible in the terms of this law.
17. An institution shall not reject applications made in writing on the grounds that the applicant has failed to comply with the formalities laid down by the institution for processing and shall act in accordance with the procedure and to correct them. the defects that are noticed in them. They shall also be required to lay down the minutes or accounts of recovery on the date on which they are submitted by the contractor, to correct them or to adjust them officiously if there is a place and, if this is not possible, to return them to the (i) the reasons for the determination of the determination to be based.
18. 32 of Law 1150 of 2007 > The declaration of the void of the tender or contest shall only proceed for reasons or causes that impede the objective choice and shall be declared in an administrative act in which the reasons which have led to that decision shall be expressed in an express and detailed manner.
19. 32 of Law 1150 of 2007 >
20. Funds intended for the cancellation of obligations arising from state contracts may be delivered in fiduciary administration or under any other form of management that allows for the obtaining of financial benefits and benefits and the payment time of the due.
ARTICLE 26. FROM THE PRINCIPLE OF LIABILITY. Under this principle:
1o. Public servants are obliged to seek compliance with the purposes of the procurement, to monitor the correct execution of the contracted object and to protect the rights of the entity, the contractor and the third parties who may be affected. for the performance of the contract.
2o. Public servants shall be responsible for their actions and omissions and shall compensate for any damage caused by them.
3o. 32 of Law 1150 of 2007 > Entities and public servants, will respond when they have opened tenders or contests without having previously prepared the corresponding document specifications, terms of reference, designs, studies, plans, and evaluations that are required, or when the conditions specifications style="text-decoration: line-through; ">or terms ' s reference has been produced in an incomplete, ambiguous or confusing manner that leads to interpretations or decisions of a subjective nature by those.
4o. The actions of the public servants will be presided over by the rules on the administration of foreign goods and by the mandates and postulates that govern conduct adjusted to ethics and justice.
5o. The responsibility for the management and management of the contractual activity and the selection process shall be the responsibility of the head or representative of the state entity, who shall not be able to transfer it to the boards or boards of the entity, or to the (i) the Commission has been responsible for the implementation of the common position of the Council of the European Union;
6o. Contractors shall respond when formulating proposals in which artificially low economic and contracting conditions are set for the purpose of obtaining the award of the contract.
7o. Contractors will answer for having hidden from hiring, inabilities, incompatibilities or prohibitions, or for supplying false information.
8o. Contractors will respond and the entity will ensure the good quality of the contracted object.
ARTICLE 27. FROM THE CONTRACTUAL EQUATION. In state contracts the equality or equivalence between rights and obligations arising from the moment of proposing or hiringwill be maintained, as the case may be. If such equality or equivalence is broken by reason not attributable to the person concerned, the parties shall take the necessary measures for their restoration in the shortest possible time.
For such purposes, the parties shall enter into the necessary agreements and covenants on the amount, terms and form of payment of additional expenses, recognition of financial costs and interest, if applicable, adjusting the cancellation to the availabilities of the appropriation that it treats the numeral 14 of the article 25. In any event, institutions shall take the necessary measures to ensure the effectiveness of these payments and the recognition of the contractor in the same or the next term in question.
ARTICLE 28. THE INTERPRETATION OF THE CONTRACTUAL RULES. In the interpretation of the rules on state contracts, relating to procedures for selection and selection of contractors and in the interpretation of the clauses and stipulations of contracts, take into account the aims and principles of this law, the mandates of good faith and the equality and balance between benefits and rights which characterises the commutative contracts.
ARTICLE 29. OF THE DUTY OF OBJECTIVE SELECTION. 32 of Law 1150 of 2007 >
ARTICLE 30. THE STRUCTURE OF THE SELECTION PROCEDURES. 32 of Law 1150 of 2007 > Tender or contest will be performed according to the following rules:
1o. The head or representative of the State entity shall order its opening by means of a reasoned administrative act.
In accordance with article 25 12) of this law, the opening decision must be preceded by a study conducted by the respective entity in which the convenience is analyzed. the opportunity of the contract and its adequacy to the plans of investment, acquisition or purchase, budget and law of appropriations, as the case may be. Where necessary, the study shall be accompanied, in addition, by designs, plans and assessments of pre-feasibility or feasibility.
2o. 32 of Law 1150 of 2007 > The entity concerned shall draw up the corresponding specifications or terms of reference, in accordance with the provisions of the number 5o. Article 24 of this Law, in which the aspects relating to the subject matter of the contract, its legal regulation, the rights and obligations of the parties, the determination and weighting of the the objective factors of selection and all other circumstances of time, mode and place that are deemed necessary to ensure objective, clear and complete rules.
3o. 224 of Decree 19 of 2012. The new text is as follows: > Within ten (10) to twenty (20) calendar days prior to the opening of the tender will be published up to three (3) notices with intervals between two (2) and five (5) calendar days, according to Io demand nature, the object and value of the contract, on the website of the contracting entity and on the Electronic System for Public Procurement -SECOP.
In the absence of such means of communication, in small towns, according to the criteria laid down in the regulation, they will be read by side and will be fixed by notices in the main public places by the end of seven (7) days (i) a timetable, including one of the days of the market in the respective population.
The notices will contain information about the object and essential characteristics of the respective tender.
4o. 220 of Decree 19 of 2012. The new text is as follows: > Within three (3) business days following the start of the deadline for submission of proposals and at the request of any person interested in the process a hearing will be held with the specify the content and scope of the specifications, and a report shall be drawn up by the interveners. The same hearing shall review the risk allocation referred to in Article 4 of Law 1150 of 2007 in order to establish its classification, estimation and final allocation.
As a result of the debate in the hearing and where appropriate, the head or representative of the entity shall issue the relevant amendments to those documents and shall, if necessary, extend the time limit for the invitation to tender or tender * up to for six (6) business days.
This does not prevent any interested party from requesting additional clarifications within the time limit of the invitation to tender, which the contracting entity will respond by written communication, which it will send to the interested party and publish in the SECOP for public knowledge.
5o. 32 of Law 1150 of 2007 > The term of the tender or contest, understood as the term that must elapse between the date from which they can be presented proposals and that of their closing, will be pointed out in the specifications or terms of reference, according to the nature, object and value of the contract.
When the entity concerned considers it appropriate, either on its own initiative or at the request of a plural number of potential bidders, that period may be extended before its expiry, for a term not exceeding half of the initially fixed. In any case, you will not be able to issue any addenda within the three (3) days preceding the closure of the selection process, or even to extend the term of the selection process. The publication of these amendments can only be carried out on working days and working hours.
6o. 32 of Law 1150 of 2007 > Proposals should refer to and be subject to each and every point contained in the specification or terms of reference. Proposers may present alternative and technical or economic exceptions provided that they do not mean conditions for the award.
7o. 32 of Law 1150 of 2007 > According to the nature, object and value of the contract, in the specifications or terms of reference, the reasonable period shall be indicated within which the institution shall draw up the technical, economic and legal studies necessary for the evaluation of the proposals and to ask the proposers for clarifications and explanations which are deemed to be indispensable.
8o. The evaluation reports of the proposals shall remain in the secretariat of the institution for a term of five (5) working days for the offerors to submit the relevant observations. In the exercise of this power, the offerors may not complete, add, modify or improve their proposals.
9o. 32 of Law 1150 of 2007 > The time limits for the award and the signature of the contract will be indicated in the specifications or terms of reference, having Account for its nature, purpose and size.
The entity's chief or representative may extend such time limits before maturity and for a total term not greater than half of the initially set, provided that the needs of the administration so require.
Within the same award term, the or contest tender can be declared deserted. in accordance with the provisions of this Statute.
10. At the event provided for in article 273 of the Political Constitution, the award will be made in public hearing. The head of the entity or the person to whom, in accordance with the law, the power to award has been delegated shall participate in that hearing and, in addition, the public servants who have drawn up the studies and evaluations may be involved in it. Proponents and other people who wish to attend.
A record shall be drawn up of the hearing, in which the deliberations and decisions which have taken place in the course of the proceedings shall be recorded.
11. 32 of Law 1150 of 2007 >
12. If the successful tenderer does not subscribe to the relevant contract within the term which has been indicated, the contracting entity shall, as a sanction, be in favour of the value of the deposit or guarantee constituted in order to respond to the seriousness of the proposal, without prejudice to legal actions leading to the recognition of damages caused and not covered by the value of the said deposit or guarantee.
In this event, the state entity, by means of a duly motivated administrative act, may award the contract, within the next fifteen (15) days, to the qualified proposer in second place, provided that its proposal is also favourable for the entity.
PARAGRAFO. 32 of Law 1150 of 2007 > For the purposes of this law, the procedure whereby the state entity publicly formulates a call for, on equal opportunities, the interested parties, is understood by public tender. submit their tenders and select the most favourable one among them. When the object of the contract consists of studies or technical, intellectual or specialized works, the selection process will be called a contest and will also be carried out by invitation public.
ARTICLE 31. OF THE PUBLICATION OF THE ACTS AND SENTENCES. 218 of Decree 19 of 2012. The new text is as follows: > The resolutive part of the acts declaring the expiration, imposing fines, penalties or declaring the non-compliance, once executed, will be published in the SECOP and will be communicated to the chamber of commerce in which the respective contractor is registered. They will also be notified to the Office of the Attorney General of the Nation.
ARTICLE 32. OF THE STATE CONTRACTS. State contracts are all legal acts which generate obligations for the entities referred to in this Statute, provided for in private law or in special provisions or arising from the exercise of autonomy. of the will, as well as those that, as enunciative, are defined below:
1o. Contract of Work.
It is labor contracts that are held by the state entities for the construction, maintenance, installation and, in general, for the realization of any other material work on real estate, whatever the mode of execution and paid.
32 of Law 1150 of 2007 > In contracts of work that have been concluded as a result of a tender process or contest public, the financial controller must be contracted with a person independent of the contracting entity and the contractor, who will answer for the facts and omissions that are imputable to him in the terms provided for in Article 53 of the present status.
2o. Consultancy Contract.
It is consultancy contracts that are concluded by the State entities in relation to the studies necessary for the execution of investment projects, studies of
diagnosis, pre-feasibility or feasibility for specific programmes or projects, as well as technical advice on coordination, control and supervision.
It is also consulting contracts that have as their object the intervention, advisory, management of works or of projects, direction, programming and the execution of designs, plans, projects and projects.
No order of the controller of a work may be given verbally. It is mandatory for the financial controller to deliver in writing his or her orders or suggestions and they must be framed within the terms of the respective contract.
3o. Service Delivery Contract.
It is service delivery contracts that are held by state entities to develop activities related to the administration or functioning of the entity. Such contracts may only be concluded with natural persons when such activities are not possible with plant personnel or require specialized knowledge.
In no case these contracts generate employment relationship and social benefits and will be celebrated for the strictly indispensable term.
4o. Contract of Concession.
It is concession contracts that are concluded by state entities in order to grant a person called a concessionaire the provision, operation, operation, organization or management, in whole or in part, of a public service, or construction, exploitation or total or partial conservation of a work or intended for the public service or use, as well as all the activities necessary for the proper provision or operation of the work or service for the account and risk of the concessionaire and under the supervision and control of the entity, in exchange for a remuneration which may consist of rights, fees, fees, valorization, or participation in the holding of the good, or in a periodic sum, single or percentage, and in general, in any other form of consideration that the parties agree to.
5o. Fiduciary Assignments and Public Fiducia.
The fiduciary orders to be held by the state entities with the trust companies authorized by the Banking Superintendence shall be the subject of the administration or management of the resources related to the contracts that such entities have entities conclude. This is without prejudice to the provision in article 25 20) of this law.
Fiduciary charges and public trust contracts may only be held by state entities with strict compliance with the provisions of this statute, only for objects and deadlines precisely determined. In no case will the public entities be able to delegate to the trust companies the award of contracts that are held in the development of the contract or the public trust, nor to agree to their remuneration from the public authorities. returns from the trust, unless these are budgeted.
The fiduciary orders and contracts of commercial trust that to the date of enactment of this law have been signed by the state entities, will continue in force in the terms agreed with the trust companies.
25 of Law 1150 of 2007. The new text is as follows: > The selection of the trust companies to contract, either public or private, will be done with rigorous observance of the tender procedure or contest provided for in this law. However, the cash surplus of the state institutions may be directly invested in ordinary common funds managed by trust companies, without the need to go to a public tender process.
The acts and contracts that are carried out in the development of a contract of public trust or commission shall comply strictly with the rules laid down in this statute, as well as with the fiscal, budgetary, and financial provisions and control to which the state entity is subject.
Without prejudice to the inspection and surveillance of the trust companies, it is up to the Banking Superintendence and the subsequent control to be carried out by the Comptroller General of the Republic and the Departmental Comptroller's Office. District and Municipal authorities on the administration of public resources by such companies, the state entities shall exercise control over the performance of the trust company in the development of fiduciary orders or fiducia contracts, In accordance with the Political Constitution and the existing rules on the subject.
The trust that is authorized for the public sector in this law will never imply the transfer of domain over state assets or resources, nor will it constitute an autonomous patrimony of the respective official entity, without prejudice to the responsibilities of the expenditure authorising officer.
The public trust will be applicable to the rules of the Commercial Code of Commerce, as soon as they are compatible with the provisions of this law.
So the penalty of nullity cannot be concluded in violation of Article 355 of the Political Constitution. If such an event occurs, the entity shall repeat against the natural or legal person, the contracting entity of the respective contract.
PARAGRAFO 1o. 15 of Law 1150 of 2007. The new text is as follows: > Contracts to be concluded by credit institutions, insurance companies and other financial institutions of a state nature shall not be subject to the provisions of the General Staff Regulations of Public administration and shall be governed by the laws and regulations applicable to such activities.
In any event, your contractual activity shall be subject to the provisions of Article 13 of this Law.
PARAGRAFO 2o. 39 of Law 1508 of 2012 >
ARTICLE 33. THE GRANTING OF TELECOMMUNICATIONS SERVICES AND ACTIVITIES. 1341 of 2009 > Telecom activity is understood to be the establishment of a telecommunications network, for particular and exclusive use, in order to satisfy private telecommunications needs, and without connection to the switched networks of the State or other private telecommunications networks. For all legal purposes, telecommunications activities are treated as private services.
It is understood by telecommunications services that are provided by legal persons, public or private, duly constituted in Colombia, with or without profit, in order to satisfy specific needs of telecommunications to third parties, within the national territory or in connection with the outside.
For the purposes of this law, the classification of public services and telecommunications activities shall be that laid down in Decree-Law 1900 of 1990 or in other rules that clarify, modify or repeal it.
Telecommunications services and activities shall be provided by concession granted to by direct procurement or through licenses by the competent entities, in accordance with the provisions of Decree Law 1900 of 1990 or of the rules to replace, modify or add.
The qualities of natural or legal persons, public or private, and the requirements and conditions, legal and technical, which must be met by the concessionaires of telecommunications services and activities, will be those provided for in the Rules and statutes of telecommunications in force.
PARAGRAFO. The procedures, contracts, arrangements for the association and award of telecommunications services in respect of Law 37 of 1993, will continue to be governed by the provisions of that Law and in the provisions that develop or supplement it. Television services shall be awarded on a contract, in accordance with the rules laid down by law and special provisions.
ARTICLE 34. THE GRANTING OF THE NATIONAL AND INTERNATIONAL LONG DISTANCE TELEPHONY SERVICE. 1341 2009 > The concession for the provision of the fixed fixed basic telephony services of national and international long distance, shall be granted as to the provisions of Decree 2122 of 1992.
ARTICLE 36. OF THE DURATION AND EXTENSION OF THE CONCESSION. 32 of Law 1150 of 2007 >
ARTICLE 37. OF THE SYSTEM OF CONCESSIONS AND LICENCES FOR POSTAL SERVICES. 50 of Law 1369 of 2009. It goes into effect from December 30, 2009, as ordered by article 53 of the same Law >
-Resolution BANREPUBLIC 3 of 2006.
ARTICLE 38. OF THE SPECIAL SCHEME FOR STATE ENTITIES PROVIDING THE TELECOMMUNICATIONS SERVICE. 1341 of 2009 > State entities which are intended to provide telecommunications services and activities in the contracts they conclude For the purchase and supply of equipment, construction, installation and maintenance of networks and sites where they are located, they will not be subject to the selection procedures provided for in this law.
The internal statutes of these entities shall determine the exceptional clauses which may be agreed in the contracts, in accordance with the nature of each of them, as well as the procedures and the amounts to which they are to be subject for their celebration.
The procedures that the aforementioned state entities adopt in compliance with this article will have to develop the principles of objective selection, transparency, economy and responsibility established in this law.
ARTICLE 39. THE FORM OF THE STATE CONTRACT. The contracts to be concluded by the State institutions shall be in writing and shall not be required to be high in public deed, with the exception of those involving a change in the domain or imposition of charges and easements on immovable property and, in general, those which comply with the legal rules in force must comply with that formality.
State entities will establish measures that demand the preservation, immutability and security of the original state contracts.
PARAGRAFO. 32 of Law 1150 of 2007 >
ARTICLE 40. THE CONTENTS OF THE STATE CONTRACT. The stipulations of the contracts shall be those which, according to the civil, commercial and the rules provided for in this law, correspond to their essence and nature.
Entities will be able to conclude contracts and agreements that allow the autonomy of the will and require the fulfillment of the state ends.
In contracts concluded by state entities, the modalities, conditions and, in general, the clauses or stipulations that the parties consider necessary and appropriate, as long as they are not contrary to the Constitution, may be included. law, public order and the principles and purposes of this law and those of good administration.
In borrowing contracts or any other form of financing of multilateral bodies, the provisions and particulars referred to in the regulations of such entities may be included, which are not contrary to the Constitution or to the law.
PARAGRAFO. In the contracts concluded by the State entities, the advance payment and the delivery of advances may be agreed, but the amount of the advance payment may not exceed 50% (50%) of the value of the respective contract.
Contracts may not be added in more than fifty percent (50%) of their initial value, expressed in monthly minimum legal wages.
ARTICLE 41. OF THE IMPROVEMENT OF THE CONTRACT. The contracts of the State are perfected when agreement is reached on the object and the consideration and it is raised in writing.
23 of Law 1150 of 2007. The new text is as follows: > For the execution, the approval of the guarantee and the existence of the corresponding budget availabilities will be required, except in the case of the contracting with resources of future fiscal vigencies. in accordance with the provisions of the organic law of the budget. The proposer and the contractor must prove that they are up to date on the payment of parafiscal contributions related to the Integral Social Security System, as well as the Sena, ICBF and Family Compensation Boxes, where appropriate.
State contracts are intuited personae and, consequently, once concluded they will not be able to be transferred without prior written authorization from the contracting entity.
In case of situations of manifest urgency referred to in article 42 of this law that do not allow the subscription of written contract, it will be dispensed with this and even the agreement about the remuneration, not However, a written record of the authorisation given by the contracting state entity shall be kept.
In the absence of any prior agreement on the remuneration of the foregoing paragraph, the economic consideration will be agreed upon at the beginning of the execution of the contract. If the agreement is not reached, the consideration shall be determined by the objective justiceof the entity or body concerned which has the character of the Government's advisory body and, in the absence thereof, by an expert appointed by the parties.
PARAGRAFO 1o. 23 of Act 1150 of 2007. The new text is as follows: > The requirement set out in the final part of the second paragraph of this article, must be credited for the realization of each payment derived from the state contract.
The public servant who without fair cause does not verify the payment of the contributions referred to in this article, will incur a cause of misconduct, which will be sanctioned according to the disciplinary regime in force.
PARAGRAFO 2o. PUBLIC CREDIT OPERATIONS. Without prejudice to the provisions of special laws, for the purposes of this law, public credit operations are considered as having the purpose of providing the entity with the time limit for payment, including the (a) the provision of loans, the issuance, subscription and placement of securities, securities, supplier credits and the granting of guarantees for payment obligations by state entities.
Likewise, state entities will be able to hold their own operations for the management of debt, such as refinancing, restructuring, renegotiating, reordering, converting, replacing, buying and selling public debt, payment, risk cover, which are intended to reduce the value of the debt or to improve its profile, as well as those of capitalisation with sales of assets, securitization and those operations of a similar nature that in the future develop. For the purposes of the development of processes for the securitization of assets and investments, autonomous assets may be established with entities subject to the supervision of the Banking Superintendence, as well as when they are intended for the payment of liabilities. work.
When the operations referred to in the preceding paragraph relate to external or equivalent public credit operations, prior authorization shall be required from the Ministry of Finance and Public Credit, which may be granted in general or individual form, depending on the amount and mode of the operation.
For the management and celebration of any external credit operation and operations treated as such by the State entities and for the internal public credit operations and operations treated as such by the Nation and its entities The Ministry of Finance and Public Credit will require authorization from the Ministry of Finance and Public Credit, prior to the favorable concepts of CONPES and the National Planning Department.
The National Government, by means of a regulatory decree that will be issued no later than 31 December 1993, based on the amount and modality of the operations, their impact on the orderly management of the economy and on the organic principles of the economy. Contracting status may determine the cases in which the above concepts are not required, as well as the provision of general authorisations for such operations. In any case, the Nation's external public credit operations and those guaranteed by it, with a deadline of more than one year, will require the prior concept of the Interparliamentary Public Credit Commission.
The internal public credit operations of the territorial entities and their decentralized entities will be regulated by the provisions contained in Decrees 1222 and 1333 1986, which remain in force, except as expressly provided for in this Law. In any case, in advance of the disbursement of the resources coming from these operations, they must be registered with the General Directorate of Public Credit of the Ministry of Finance and Public Credit.
In accordance with general conditions established by the monetary authority, the issuance, subscription and placement of domestic public debt securities of territorial entities and their decentralized entities will require prior authorization from the Ministry of Finance and Public Credit and prior favorable concept of the departmental or district planning agencies, as the case may be. Each of the concepts and authorizations required must be produced within two months from the date on which the bodies to be issued receive the required documentation in full. After this term for each body, the respective concept or authorization shall be understood.
In no case shall the guarantee of the Nation be granted to the domestic public credit operations of the territorial entities and their decentralized entities, nor to the operations of individuals.
The operations referred to in this Article and those related thereto shall be directly contracted. Its publication, if necessary, shall be carried out in the Official Journal in the case of operations of the Nation and its decentralized entities. For the purposes of the Nation's operations, this requirement shall be deemed to be fulfilled on the date of the order of publication issued by the Director General of Public Credit of the Ministry of Finance and Public Credit; in the decentralized entities of the order on the date of payment of the corresponding rights by the contracting entity.
Except as determined by the Council of Ministers, any stipulation that would oblige the state entity to adopt measures in the field of prices, tariffs and in general, the commitment to take decisions or actions on the matter is prohibited. matters of its exclusive competence, by virtue of its public nature. Likewise, in the guarantee contracts the Nation will only be able to guarantee obligations of payment.
The operations referred to in this article and held to be executed abroad shall be subject to the jurisdiction that is agreed upon in the contracts.
PARAGRAFO 3o. 223 of Decree 19 of 2012, from 1o. of June 2012. See in previous legislation the current text up to this date. >
ARTICLE 42. OF THE MANIFEST URGENCY. 32 of Law 1150 of 2007 > There is manifest urgency when the continuity of the service requires the supply of goods, or the provision of services, or the execution of works in the immediate future; when they are presented situations related to the states of exception; in the case of conjuring exceptional situations related to acts of calamity or constitutive force majeure or disaster which require immediate action and, in general, in the case of of similar situations that make it impossible to go to selection procedures or style="text-decoration: line-through; ">contest public.
The manifest urgency will be declared by a motivated administrative act.
PARAGRAFO. In order to meet the needs and expenses of the manifest urgency, internal budgetary transfers that are required within the budget of the corresponding State body or entity may be made.
ARTICLE 43. THE CONTROL OF EMERGENCY CONTRACTS. Immediately after the contracts originated in the manifest urgency, these and the administrative act which declared it, together with the content of the history the administrative, acting and evidence of the facts shall be sent to the official or body exercising the tax control in the respective entity, which shall act within two (2) months of the facts and circumstances that determined such a declaration. If appropriate, that official or body shall request the immediate head of the public servant who concluded the contracts or the competent authority, as the case may be, to initiate the appropriate disciplinary investigation and it shall send the matter to the officials responsible for the knowledge of the other actions. Misuse of emergency procurement will be a cause of misconduct.
The provisions of this article will be without prejudice to other control mechanisms that the regulation points out in order to ensure the proper and correct use of emergency procurement.
ARTICLE 44. OF THE CAUSES OF ABSOLUTE NULLITY. The State contracts are absolutely void in the cases provided for in the common law and also when:
1o. They are held with persons who are committed to causes of inability or incompatibility provided for in the Constitution and the law;
2o. A constitutional or legal prohibition is to be concluded;
3o. Be held with abuse or power diversion;
4o. The administrative acts on which they are based are declared null and void; and
5o. They would have been held in disregard of the criteria set out in Article 21 on the treatment of national and foreign offers or in violation of the reciprocity that this law treats.
ARTICLE 45. OF ABSOLUTE NULLITY. Absolute nullity may be alleged by the parties, by the agent of the public ministry, by any person or declared ex officio, and is not liable for consolidation by ratification.
In the cases provided for in the number 1o., 2o. and 4. the head or legal representative of the respective entity shall terminate the contract by means of a duly motivated administrative act and shall order its liquidation in the state in which it is situated.
ARTICLE 46. OF THE RELATIVE NULLITY. Other vices which are presented in the contracts and which, in accordance with the common law, constitute grounds of relative nullity, may be healed by the express ratification of the parties concerned or by two (2) years counted from the occurrence of the operative event of the vice.