Advanced Search

Act 1150 2007

Original Language Title: LEY 1150 de 2007

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LAW 1150 OF 2007

(July 16)

Official Journal No. 46,691 of 16 July 2007

CONGRESS OF THE REPUBLIC

By means of which measures are introduced for efficiency and transparency in Law 80 of 1993 and other general provisions on public procurement are dictated.

The Congress of the Republic

DECRETA:

ARTICLE 1o. OBJECT. This law aims to introduce amendments to the Act 80 of 1993, as well as to issue other general provisions applicable to all public procurement contracts.

TITLE I.

EFFICIENCY AND TRANSPARENCY.

Ir al inicio

ARTICLE 2o. SELECTION MODALITIES. The contractor's choice shall be made in accordance with the procedures for selection of public tender, abbreviated selection, merit and direct procurement, based on the following rules:

1. Public Tender. The choice of the contractor shall be carried out as a general rule through public tender, with the exceptions set out in numerals 2, 3 and 4 of this Article.

When the state entity so determines, the tender in a process of public tender may be presented in full or in part dynamically by reverse auction, under the conditions set out in the regulation.

2. Abbreviated selection. The abbreviated selection corresponds to the objective selection mode intended for those cases where by the characteristics of the object to be hired, the circumstances of the hiring or the the value or destination of the good, work or service, can be brought forward to simplified processes to ensure the efficiency of the contractual management.

The National Government will regulate the matter.

Abbreviated selection causes the following:

(a) The acquisition or supply of goods and services of uniform technical characteristics and of common use by the entities, corresponding to those who have the same technical specifications, regardless of their design or of their descriptive characteristics, and share objectively defined performance and quality patterns.

For the acquisition of these goods and services the entities shall, provided that the regulation so points out, make use of reverse auction procedures or catalogue purchase instruments derived from the conclusion of framework agreements pricing or procurement procedures in product bags;

b) The lowest level of recruitment. The value of the securities listed below shall be understood to be determined according to the annual budgets of the public entities expressed in monthly minimum legal wages.

For entities that have an annual budget of more than or equal to 1,200,000 monthly minimum legal salaries, the smallest amount will be up to 1,000 minimum monthly legal salaries.

Those with an annual budget of more than or equal to 850,000 minimum monthly legal salaries and less than 1,200,000 monthly minimum legal salaries, the smallest amount will be up to 850 minimum monthly legal salaries.

Those that have an annual budget of more than or equal to 400,000 minimum monthly legal salaries and less than 850,000 minimum monthly legal salaries, the smallest amount will be up to 650 minimum monthly legal salaries.

Those that have an annual budget of more than or equal to 120,000 minimum monthly legal salaries and less than 400,000 minimum monthly legal salaries, the smallest amount will be up to 450 minimum monthly legal salaries.

Those that have an annual budget of less than 120,000 minimum monthly legal salaries, the smallest amount will be up to 280 minimum monthly legal salaries;

c) Without prejudice to the provisions of Law 100 of 1993 and Law 1122 of 2007, the conclusion of contracts for the provision of health services. The corresponding rules of procedure shall fix the guarantees provided by the contractors. Corresponding payments may be made through fiduciary charges;

(d) The procurement whose public tender process has been declared to be deserted; in which case the entity shall initiate the abbreviated selection within four months of the declaration of a deserted initial process;

e) The disposal of State goods, with the exception of those referred to in Law 226 of 1995.

In the processes of the disposal of the state's assets, we will be able to use auction instruments and, in general, all those mechanisms authorized by private law, provided that the process of disposal guarantees the transparency, efficiency and objective selection.

In any case, for the sale of the goods must be based on the value of the commercial value and adjust the value according to the expenses associated with the expected time of marketing, administration, taxes and maintenance, to determine the minimum price to be used for the good, in accordance with the regulations which the National Government will issue for the purpose.

The disposal of the assets that are part of the Fund for Rehabilitation, Social Investment and Fight Against Organized Crime, Frisco, will be done by the National Narcotics Directorate, observing the principles of the article 209 of the Political Constitution and the regulations issued by the National Government, taking into account the recommendations that the National Narcotic Council has for the effect.

The regulation will have to determine the selection form, through public invitation from real estate professionals, who will act as promoters of the sales, which in turn, to the effect of the goods, will be served by duly registered in the National Register of Avaluers and those who will respond for their acts in solidarity with the promoters.

The rules and procedures to be addressed by the administration and the promoters and the publicity of the process must ensure the free competition and opportunity for those involved in the process.

The goods will be sold through direct sale in closed or in public auction. The award for direct sale must be made in a public hearing, where the initial offers are known and a second offer is made, against which the good to whom the best price will be awarded will be awarded. In the public auction, according to the rules defined for its performance, the good will be awarded to the highest bidder.

The sale involves the prior publication of the goods in a newspaper of broad national circulation, with the determination of the base price. The person concerned with the purchase of goods shall enter at least 20% of the sales value to participate in the offer;

(f) Products of origin or agricultural destination offered on the bags of legally constituted products;

(g) Acts and contracts having as their direct object the commercial and industrial activities of the State Industrial and Commercial Enterprises and of the Joint Economic Societies, with the exception of contracts which are subject to enunciative identifies article 32 of Act 80 of 1993;

(h) The contracts of the entities, at the expense of which the execution of the programs of protection of threatened persons, programs of demobilization and reinstatement to the civilian life of persons and groups outside the law, including the attention of the respective family groups, programs of care for population displaced by violence, programs for the protection of human rights of groups of people in the street, children and young people involved in groups Youth who have engaged in conduct against the economic patrimony and hold clashes violent of a different kind, and a high degree of vulnerability with a recognized state of exclusion that requires training, resocialization, and preparation for the work, including the fiduciary contracts that they require;

i) The procurement of goods and services that are required for national defense and security.

3. Merit contest. 219 of Decree 19 of 2012. The new text is as follows: > It corresponds to the modality envisaged for the selection of consultants or projects, in which open competition or prequalification systems can be used. In the latter case, the conformation of the pre-qualified list shall be made by public notice, allowing the establishment of limited lists of bidders by means of a reasoned decision, which shall be understood as notified to the persons concerned, The public hearing of the conformation of the list, using for the effect, among others, criteria of experience, intellectual capacity and organization of the proponents, as the case may be.

In accordance with the conditions laid down in the regulations, in the development of these selection processes, technical or project proposals may be submitted anonymously to a plural, deliberate and qualified jury.

4. Direct hiring. The direct procurement selection mode will only proceed in the following cases:

a) Manifest urgency;

b) Procurement of borrowings;

c) 92 of Law 1474 of 2011. The new text is as follows: > Inter-administrative contracts, provided that the obligations arising therefrom are directly related to the object of the executing entity indicated in the law or its regulations.

Except for contracts of work, supply, provision of conformity assessment services in respect of technical standards or regulations, fiduciary charges and public trust when public higher education institutions or higher education institutions Societies of the Mixed Economy with majority participation of the State, or non-profit legal entities formed by the association of public entities, or the federations of territorial entities are the executors. These contracts may be executed by them, provided that they participate in processes of public tender or abbreviated procurement in accordance with the provisions of numerals 1 and 2 of this Article.

95 of Law 1474 of 2011. The new text is as follows: > In those events where the regime applicable to the hiring of the executing entity is not that of Law 80 of 1993, the execution of such contracts shall in any case be subject to this law, unless the implementing entity develops its activity in competition with the private sector or where the performance of the inter-administrative contract is directly related to the development of its business.

In cases where the executing State entity is required to subcontract some of the activities arising out of the main contract, it may neither the subcontractor, hire or link natural or legal persons who have participated. in the preparation of studies, designs and projects which are directly related to the subject matter of the main contract.

Be excepted from the figure of the interadministrative contract, the insurance contracts of the state entities;

d) The procurement of goods and services in the Defense sector and the Administrative Department of Security, DAS*, which need to be reserved for purchase;

e) Contracts for the development of scientific and technological activities;

f) The fiduciary order contracts to be concluded by the territorial entities when they initiate the Passive Restructuring Agreement referred to in Laws 550 of 1999, 617 2000 and the rules amending or adding to them, provided that they are concluded with financial institutions in the public sector;

g) When there is no plurality of bidders on the market;

h) For the provision of professional services and support for management, or for the execution of artistic works that can only be entrusted to certain natural persons;

i) The lease or acquisition of real estate.

j) 125 of Law 1753 of 2015. The new text is as follows: > The contracting of goods and services of the National Intelligence Directorate (DNI), which require reservation for their purchase.

5) Minimum hiring. 94 of Law 1474 of 2011. The new text is as follows: > Hiring whose value does not exceed 10 percent of the smallest amount of the entity regardless of its object, shall be made in accordance with the following rules:

(a) An invitation shall be published, for a term not less than one working day, in which the object to be hired shall be indicated, the budget allocated for that purpose, as well as the technical conditions required;

(b) The term provided for in the invitation to tender shall not be less than one business day;

(c) The entity shall, by means of communication of acceptance of the offer, select the proposal at the lowest price, provided that it meets the required conditions;

d) The acceptance communication together with the offer constitute for all purposes the contract concluded, based on which the respective budget record will be made.

PARAGRAFO 1o. The particularities of the procedure provided here, as well as the possibility for entities to make these acquisitions in establishments that correspond to the definition of "large warehouse" The regulation will be determined by the Superintendence of Industry and Commerce, which will be determined by the regulation that will be issued by the National Government.

PARAGRAFO 2o. The procurement referred to in this Article shall be performed exclusively with the rules in the contemplated and in its regulations. In particular, the provisions of Law 816 of 2003, and Article 12 of Law 1150 of 2007, will not apply.

PARAGRAFO 1o. The entity must pre-justify the opening of the selection process in question, the legal bases that support the selection mode that is proposed to be moved forward.

PARAGRAFO 2o. The procedure applicable for the execution of each of the causes referred to in the numeral 2 of this Article shall observe the principles of transparency, economy, responsibility and following rules:

1. Publicity shall be given to all procedures and acts.

2. For the selection referred to in subparagraph (b) of this Article, the general principle shall be the public call and draw mechanisms may be used in public hearings to define the number of participants in the process. The number of expressions of interest is greater than 10 (10). It shall be the responsibility of the legal representative of the state entity to take the necessary measures to ensure the accuracy of the respective draw.

3. Without exception, the offers submitted within each of the selection processes must be evaluated objectively, applying exclusively the rules contained in the specifications or their equivalents. For the selection referred to in literal (a) of the numeral 2o of this article, articles 2or and 3or Law 816 of 2003 shall not apply.

PARAGRAFO 3o. The National Government will have the power to standardize the general conditions of the contract documents and the contracts of the state entities, in the case of the acquisition or supply of goods and services of uniform technical characteristics and of common use by entities.

PARAGRAFO 4o. State entities may not require payment of any value for the right to participate in a selection process, which is why they will not be able to collect the specifications corresponding.

Regarding the issuance of copies of these documents will follow the provisions of article 24 of the Administrative Countercyclical Code.

PARAGRAFO 5o. The price framework agreements referred to in paragraph 2 (a) of this Article shall permit the fixing of the conditions of supply for the purchase or supply of goods and services. of uniform technical characteristics and of common use to the State entities for a specified period of time, in the form, time and conditions of delivery, quality and security laid down in the agreement.

The selection of suppliers as a result of the realization of a price framework agreement, will give the state entities that subscribe to the agreement, the possibility that through direct purchase orders, acquire the goods and services offered.

Accordingly, between each of the entities that formulate direct purchase orders and the respective supplier, a contract will be formed in the terms and conditions provided for in the respective agreement.

The National Government will point out the entity or entities that will be responsible for the design, organization and conclusion of the framework agreements. The regulation will establish the conditions under which the use of price framework agreements will be made mandatory for the entities of the Executive Branch of the Public Power in the National Order, subject to the General Staff Regulations of the Public Administration.

In the case of the Autonomous Bodies and the Legislative and Judicial Ramas, as well as the Territorial Entities, they will be able to design, organize and conclude framework agreements of their own prices, without prejudice to the possibility of joining the agreements. the framework referred to in the preceding paragraph.

Ir al inicio

PARAGRAFO 6o. 88 of Law 1474 of 2011. The new text is as follows: > The National Government will be able to establish different procedures within the various causes of abbreviated selection, so that they accommodate the particularities of the objects to be hired, without prejudice to the possibility of establishing common procedures. Your own will be able to do in relation to the merit contest.

PARAGRAFO TRANSIENT. Until both the National Government does not issue the respective regulation, the abbreviated selection cannot be used as a selection mode.

Ir al inicio

ARTICLE 3o. OF ELECTRONIC PUBLIC PROCUREMENT. Pursuant to the provisions of Law 527 of 1999, the substantiation of actions, the issuance of administrative acts, documents, contracts and in general acts resulting from pre-contractual and contractual activity may take place by electronic means. For the processing, notification and publication of such acts, media, media and electronic applications may be used. The mechanisms and instruments by which entities will comply with the obligations of advertising for the contractual process will be flagged by the National Government.

The above, without prejudice to the publications provided for in Article 30 3) of Law 80 of 1993.

In order to materialize the objectives referred to in the previous paragraph, the National Government will develop the Electronic System for Public Procurement, Secop, which:

a) Dispose of technological functionalities to perform electronic procurement processes under the selection methods outlined in Article 2or this law as defined by the regulation;

b) Serving as a single point of entry for information and reporting for state entities and citizens;

c) Contain with the official information of the procurement conducted with public funds, for which it will establish the patterns to which there will be and will be responsible for its diffusion through electronic channels and;

d) Integrate the Single Business Register of the Chambers of Commerce, the Single State Contract Journal and the other systems involving public contract management. Likewise, it will be articulated with the Information System for the Surveillance of State Contracting, SICE, created by Law 598 of 2000, without losing its autonomy for the exercise of fiscal control to the public procurement.

PARAGRAFO 1o. In no case will the Secop administration assume the creation of a new entity.

The Secop will be administered by the body designated by the National Government, without prejudice to the autonomy that the SICE confers with the Law 598 of 2000 to the Comptroller General of the Republic.

PARAGRAFO 2o. 223 of Decree 19 of 2012, from 1o. of June 2012. See in previous legislation the current text up to this date. >

Ir al inicio

ARTICLE 4. THE DISTRIBUTION OF RISKS IN STATE CONTRACTS. The specifications or their equivalents shall include the estimation, typing and allocation of the foreseeable risks involved in the procurement.

In the case of public tenders, the specifications of the State institutions shall indicate the time at which, prior to the submission of tenders, the offerors and the institution shall review the allocation of risks for the purpose of establish their definitive distribution.

Ir al inicio

ARTICLE 5o. " OF THE OBJECTIVE SELECTION. It is objective to select in which the choice is made to the offer more favorable to the entity and to the purposes that it seeks, without considering factors of affection or interest and, in general, any kind of subjective motivation. Consequently, the choice and rating factors to be established by the entities in the terms or their equivalents shall take into account the following criteria:

1. The legal capacity and the conditions of experience, financial capacity and organization of the proposers will be subject to verification of compliance as enabling requirements for participation in the selection process and will not grant score, except as provided for in the numeral 4 of this Article. The requirement for such conditions should be appropriate and proportionate to the nature of the contract to be concluded and to its value. The documentary verification of the above mentioned conditions shall be carried out by the Chambers of Commerce in accordance with the provisions of Article 6or of this Law, according to which the respective certification.

2. 88 of Law 1474 of 2011. The new text is as follows: > The most favourable offer will be that which, taking into account the technical and economic factors of choice and the precise and detailed weighting of the same contained in the specifications or their equivalents, is the most advantageous for the entity, without the favorability being factors other than those contained in those documents. In the case of public works contracts, the shorter period offered shall not be the subject of an assessment. The institution shall make the comparisons of the case by matching the offers received and the price or market conditions consultation and the studies and deductions of the entity or the advisory bodies or consultants appointed to this.

In the selection processes in which the technical and economic factors are taken into account, the most advantageous offer will be the one that will result from applying one of the following alternatives:

(a) The weighting of the quality and price elements supported in scores or formulas identified in the specification; or

b) The weighting of the quality and price elements representing the best cost-benefit ratio for the entity.

3. Without prejudice to the provisions of paragraph 1 of this Article, in the specifications for contracts intended to purchase or supply goods and services of uniform technical characteristics and common use, the State entities shall include as the sole assessment factor the lowest price offered.

4. In the process for the selection of consultants, the use of rating factors will be used to assess the technical aspects of the offer or project. In accordance with the conditions laid down in the Regulation, specific experience criteria for the offeror and the work team may be used in the field concerned.

In no case can the price be included, as a choice factor for the selection of consultants.

PARAGRAFO 1o. The absence of requirements or the lack of documents concerning the future hiring or the proposer, not necessary for the comparison of the proposals will not serve as sufficient title for the rejection of the offers made. Consequently, all those requirements of the proposal that do not affect the assignment of scores, may be requested by the entities at any time, until the award. Notwithstanding the above, in those selection processes in which the auction mechanism is used, they must be requested until the moment before it is carried out.

PARAGRAFO 2o. Quality management systems certifications will not be rated, nor can they be established as an enabling document to participate in tenders or contests.

Ir al inicio

ARTICLE 6o. THE VERIFICATION OF THE CONDITIONS OF THE PROPOSERS. 221 of Decree 19 of 2012. The new text is as follows: > All natural or legal persons who are domestic or foreign domiciled or with a branch in Colombia, who aspire to enter into contracts with state entities, will be registered in the Single Register of Proposers. of the Single Business Register of the Chamber of Commerce with jurisdiction at its main address.

This registration, or classification, will not be required in cases of direct recruitment; contracts for the provision of health services; minimum contracts; the disposal of State goods; contracts that have as their object the purchase of products of origin or agricultural destination which are offered in bags of legally constituted products; acts and contracts having as their direct object the commercial and industrial activities of the undertakings industrial and commercial enterprises of the State and companies of mixed economy and concession contracts any kind. In the cases referred to above, it shall be for the contracting entities to comply with the verification of the conditions of the proposers.

This record shall include information related to the experience, legal, financial and organisational capacity of the proposer and its classification.

6.1. From the registration process in the Single Register of Proposers (RUP). It shall be for the proposers to register in accordance with the documents provided. The chambers of commerce shall make the documentary verification of the information submitted by the interested parties at the time of registration.

The Single Register of Proposers certificate shall be fully tested for the circumstances in which it is recorded and which have been verified by the Chambers of Commerce. In this regard, the verification of the conditions set out in Article 5 1) of this Law shall be demonstrated exclusively with the respective RUP certificate in which they are to be recorded. conditions. As a result, state entities in the procurement processes will not be able to require, nor the proposers to provide documentation to be used for registration.

However, only in those cases where the characteristics of the object to be contracted requires the verification of the requirements of the additional proposer to the contents in the Register, the entity may do such verification in Direct form.

When the information submitted to the Chamber of Commerce is not sufficient, inconsistent or does not contain all the elements mentioned in the regulation for its existence and validity, the latter shall refrain from the registration, Renewal or update as appropriate, without prejudice to the legal actions to be taken.

The information should be kept up to date and renewed in the form and periodicity of the regulation. The information contained in the register is public and your consultation will be free of charge.

6.2. From information on contracts, fines and penalties to those registered. State entities shall send the Chamber of Commerce of their registered office monthly, the information concerning the contracts, their amount, compliance, fines and penalties related to the contracts that have been awarded, run and run them.

The conditions for referral of the information and the time limits for the information in the register will be indicated by the National Government.

The public servant responsible for forwarding the information, which fails to comply with this obligation, will incur a cause of misconduct.

6.3. From the challenge of registration in the Single Register of Proposers (RUP). With the verification referred to in paragraph 6.1 of this Article, the Chamber shall publish the act of registration, against which any person may bring an action for replacement to the respective Chamber of Commerce, during the 10 (10) business days following publication, without requiring any evidence of interest. In order for the challenge to be admissible, a bank or insurance company must be provided to ensure the damage which may be caused to the registered person. Against the decision that resolves the replenishment facility, no appeal will proceed.

By signing the registration, any person may demand his or her nullity in the course of the action provided for in the Administrative Code. For the purpose the Judge of the Administrative Contentious will be competent in a single instance.

The filing of the application shall not suspend registration, nor shall it be a cause of suspension of the ongoing selection processes in which the proposer is a party. The process shall be carried out in accordance with the ordinary procedure referred to in the Administrative Code. The decision will only have an effect on the future.

When developing a selection process, a state entity will warn the existence of possible irregularities in the content of the RUP information, which may affect compliance with the requirements of the proposer within the (a) the process of selection and challenge to the Chamber of Commerce may be suspended, for which reason they will not be required to provide caution. For the processing and adoption of the decision the Chambers of Commerce will have a period of twenty (20) days. If a decision has not been taken in the previous term, the entity shall resume the selection process according to the information certified in the RUP.

In the event in which the Chamber of Commerce establishes the existence of serious inconsistencies, it will be cancelled the registration in the registry, remaining in such a case disabled to contract with the state entities for the term of five (5) years, without prejudice to the criminal proceedings to be taken. In case of recidivism the inability will be permanent.

The same penalties provided for in the previous paragraph will be preached in the event in which the Judge of the Administrative Contentious declares the nullity of the act of registration.

The information contained in the registry is public and your query will be free of charge.

PARAGRAFO 1. To be able to participate in the selection processes of the work contracts, the residual capacity of the proposer or the hiring K must be equal to or greater than the entity has established for the purpose in the condition sheets

In order to establish the residual capacity of the proposer or the hiring K, all contracts that the proposer has in place shall be considered at the time of submission of the offer. The development and performance of the contract may result in the securities being cancelled to the contractor being considered to establish the actual hiring K at each opportunity. The National Government will regulate the matter.

PARAGRAFO 2. The regulation will point out the verification conditions for the information referred to in Article 51), in charge of each contracting entity, for the case of foreign natural persons without domicile in the country or foreign legal persons who do not have an established branch in Colombia.

The regulation will point out the documents that are the subject of the verification referred to in the numeral 1 of the article 6.

PARAGRAFO 3. The National Government will fix the amount of the fees to be paid in favor of the chambers of commerce for the registration in the register, as well as for its renewal, modification and update, and the certifications requested in connection with the same. To this end, the Government must take into account the cost of the chambers of commerce for the operation of the registration, the issuing of certificates, and the proceedings for the challenge.

Ir al inicio

ARTICLE 7o. OF THE GUARANTEES IN THE PROCUREMENT. The contractors shall provide the sole guarantee for the fulfilment of the obligations arising out of the contract. The proposers will provide a guarantee of the seriousness of the offers made.

The guarantees will consist of policies issued by insurance companies legally authorized to operate in Colombia, in bank guarantees and in general, in the other risk-hedging mechanisms authorized by the regulation for the effect. In the case of policies, the same shall not expire for non-payment of the premium or for unilateral revocation. The National Government will point out the general conditions to be included in the policies for compliance with state contracts.

The National Government will point out the criteria that the entities will follow for the requirement of guarantees, classes and levels of protection of the risks of contracts, as well as the cases in which due to the characteristics and complexity of the contract to the guarantee can be divided taking into account the stages or risks relating to the performance of the respective contract.

The occurrence of the claim that warrants the guarantees will be communicated by the public entity to the respective insurer by the notification of the administrative act that declares it.

The guarantees will not be compulsory in the borrowing contracts, in the interadministrative, in the insurance contracts and in the contracts whose value is less than 10% of the smallest amount referred to in this law, in which case it will be determine the need to require it, taking into account the nature of the subject matter of the contract and the form of payment, as well as the other elements of the regulation.

TRANSIENT PARAGRAPH. During the period between the entry into force of the reform contained in this Law and the issuance of the regulatory decree referred to in this Article, the entities State will continue to apply the existing laws and regulations.

Ir al inicio

ARTICLE 8o. FROM THE PUBLICATION OF DRAFT SPECIFICATIONS, AND PREVIOUS STUDIES. For the purpose of providing the general public with information to enable them to submit observations to their content, the entities shall publish the draft documents. conditions or their equivalents, under the conditions laid down in the Regulation. The published information must be truthful, responsible, fair, sufficient and timely.

The publication of draft specifications or their equivalents does not generate an obligation for the entity to open the selection process.

Together with project specifications, the studies and documents that have been used as the basis for their preparation will be published.

The Entities shall publish the reasons for which the observations are received or rejected to the draft documents.

Ir al inicio

ARTICLE 9o. OF THE AWARD. In the event provided for in article 273 of the Political Constitution and in general in the processes of public bidding, the award will be made in a mandatory way in a public hearing, by means of a reasoned decision, which shall be deemed to have been notified to the proposer favoured at that hearing.

During the same hearing, and prior to the adoption of the final award decision, the interested parties may decide on the reply given by the contracting entity to the observations submitted in respect of the assessment.

The act of adjudication is irrevocable and obliges the entity and the successful tenderer. Notwithstanding the foregoing, if within the period between the award of the contract and the subscription of the contract, an inability or incompatibility is surviving or if it is shown that the act was obtained by illegal means, it may be revoked, where, the entity may apply the provisions of the final paragraph of the numeral 12 of Article 30 of Law 80 of 1993.

Without prejudice to the powers referred to in Article 18 of Law 80 of 1993, in those cases where the entity declares the expiry of the contract and a percentage equal to or equal to execution is pending more than 50% (50%) of the same, with the exception of concession contracts, the qualified proposer may be recruited in the second place in the respective selection process, subject to a review of the conditions to be followed.

Ir al inicio

ARTICLE 10. TREATMENT FOR COOPERATIVES AND ASSOCIATIONS OF TERRITORIAL ENTITIES. The cooperatives, associations formed by territorial entities and in general public solidarity entities will be subject to the provisions of the General Staff Regulations of the Public Administration. The conclusion of contracts of state entities with associations or cooperatives of territorial entities and in general with solidarity entities, will be subject to the selection processes of this law, in which they will participate in equality of conditions with individuals.

Ir al inicio

ARTICLE 11. THE TIME LIMIT FOR THE SETTLEMENT OF CONTRACTS. The settlement of contracts shall be made by mutual agreement within the term set out in the specifications or their equivalents, or within which the parties agree to the effect. In the absence of such a term, the liquidation shall take place within four (4) months following the expiry of the term of the contract or the issue of the administrative act ordering the termination or the date of the termination of the contract. the arrangement that you have.

In cases where the contractor does not submit to the prior notice or notice to the entity, or the parties do not agree on its content, the entity shall have the right to settle unilaterally. within the following two (2) months, in accordance with the provisions of Article 136 of C. C. A.

If the period previously established has not been settled, the settlement may be completed at any time within two years of the expiry of the term referred to in the preceding subparagraphs, by mutual agreement or unilaterally, without prejudice to the provisions of Article 136 of C. C. A.

Contractors will have the right to effect the settlement by mutual agreement, and in this event the unilateral settlement will only proceed in relation to those aspects that have not been agreed upon.

TITLE II.

GENERAL PROVISIONS FOR PROCUREMENT WITH PUBLIC RESOURCES.

ARTICLE 12. PROMOTION OF DEVELOPMENT IN PUBLIC PROCUREMENT 32 of Law 1450 of 2011. The new text is as follows: > In accordance with the provisions in 13, 333 , and 334 of the Political Constitution, the National Government will define the conditions and the amounts according to the international commitments in force, so that in the development of the selection processes, the State entities adopt to the benefit of the MSMEs, limited calls to those in which, prior to the Resolution of the opening of the respective process, the interest of the plural number of MSMEs that has been determined in the regulation has been expressed.

The regulation will also be able to establish preferential conditions for the supply of goods and services produced by the MSMEs, respecting the amounts and the conditions contained in the international commitments in force.

In any case, the satisfaction of the technical and economic conditions required in the procurement must be guaranteed and the selection according to the selection procedures referred to in the General Staff Regulations of the Public Administration.

In the same way, in the specifications, the state entities will have mechanisms to encourage the provision of goods and services by population in extreme poverty, displaced by violence, in the execution of state contracts. persons in the process of re-integration and, subject to special constitutional protection under the conditions laid down in the Regulation, provided that the conditions of quality and compliance with the contractual object are guaranteed.

PARAGRAFO 1o. In the selection processes that are developed based on the first indent, the entities will be able to make the limited calls that benefit MSMEs from the municipal or departmental scope corresponding to the execution of the contract.

PARAGRAFO 2o. Without prejudice to the provisions of Articles 5 and 6 of Law 1150 of 2007, to enable MSMEs to participate in calls to For the purposes of this Article, the certificate issued by the chamber of commerce or by the authority which is competent for such accreditation shall be furnished for at least one year of existence.

PARAGRAFO 3o. In the execution of the contracts referred to in this article, entities and contractors shall observe the provisions of Articles 90 to 95 of Law 418 of 1997 and the rules that modify, add, or subrogate.

Ir al inicio

ARTICLE 13. GENERAL PRINCIPLES OF CONTRACTUAL ACTIVITY FOR ENTITIES NOT SUBJECT TO THE GENERAL STATUTE OF PUBLIC ADMINISTRATION CONTRACTING. State entities which, by law, have an exceptional contractual regime to that of the General Staff Regulations of the Public Administration, shall apply in the development of their contractual activity, in accordance with their special legal regime, the principles of the administrative function and the tax management of the articles 209 and 267 of the Political Constitution, respectively as the case may be, and will be subject to the legally intended incompatibilities and incompatibilities for state procurement.

Ir al inicio

ARTICLE 14. OF THE CONTRACTUAL REGIME OF THE INDUSTRIAL AND COMMERCIAL ENTERPRISES OF THE STATE, THE SOCIETIES OF MIXED ECONOMY, THEIR SUBSIDIARIES AND COMPANIES WITH MAJORITY PARTICIPATION OF THE STATE. 93 of Law 1474 of 2011. The new text is as follows: > Industrial and Commercial Companies of the State, Companies of Mixed Economy in which the State has a share of more than fifty percent (50%), its subsidiaries and the Societies among Public Entities with a majority share of the State of more than 50% (50%), will be subject to the General Staff Regulations of Public Administration, with the exception of those who carry out commercial activities in competition with the private and/or public sector, national or international or regulated markets, case in point which shall be governed by the laws and regulations applicable to its economic and commercial activities, without prejudice to the provisions of Article 13 of this Law. The exception of science and technology contracts, which will be governed by Law 29 of 1990 and the existing regulations.

Ir al inicio

ARTICLE 15. OF THE CONTRACTUAL ARRANGEMENTS OF THE STATE FINANCIAL INSTITUTIONS. Paragraph 1o of Article 32 of Law 80 of 1993, shall be as follows:

" Article 32.

(...)

" Paragraph 1o. 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 shall be governed by the laws and regulations applicable to those activities.

In any event, your contractual activity shall be subject to the provisions of Article 13 of this Law. "

Ir al inicio

ARTICLE 16. OF THE ENTITIES EXCEPTED IN THE DEFENSE SECTOR. The contracts that celebrate Satena, Indumil, The Hotel Tequendama, the Corporation of Science and Technology for the development of the naval, maritime and river industry-Cotecmar-and the Corporation of the Colombian Aeronautical Industry-CIAC-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 its activity.

In any event your contractual activity shall be subject to the provisions of Article 13 of this Law.

TITLE III.

VARIAS PROVISIONS.

Ir al inicio

ARTICLE 17. THE RIGHT TO DUE PROCESS. Due process will be a guiding principle in the sanctioning of contractual performances.

In the development of the above and of the duty of control and surveillance on the contracts that correspond to the entities subject to the General Staff Regulations of the Public Administration, they will have the power to impose the fines that have been agreed with the aim of undermining the contractor to meet its obligations. This decision must be preceded by the hearing of the affected person who must have a minimum procedure guaranteeing the right to the due process of the contractor and proceeds only as long as the performance of the obligations under the contract is pending. contractor. They may also declare non-compliance with the purpose of making the pecuniary criminal clause included in the contract effective.

PARAGRAFO. The penal clause and the fines thus imposed will be made effective directly by the state entities, and may be used for the effect among others to the mechanisms of compensation of the sums due to the contractor, collection of the guarantee, or any other means to obtain payment, including that of the coactive jurisdiction.

PARAGRAFO TRANSIENT. The powers provided for in this article are understood to be attributed to the penalty clauses or pecuniary penalty clause agreed in the contracts concluded with prior to the issuance of this law and in which, by autonomy of the will of the parties, the competence of the state entities would have been foreseen to impose them and to make them effective.

Ir al inicio

ARTICLE 18. OF THE INABILITY TO HIRE. Add a literal (j) to numeral 1 and a paragraph to paragraph 1o, of article 8or of Law 80 of 1993, as follows:

" Article 8or.

(...)

(j) Natural persons who have been legally responsible for the commission of crimes of peculate, concussion, co-fact, prevaricate in all their forms and transnational bribery, as well as their equivalents in other jurisdictions. This inability will extend to societies that are such people, with the exception of open anonymous societies. "

PARAGRAFO 1o.

(...)

In the causes of kinship or marriage, the links disappear by death or by dissolution of the marriage.

Ir al inicio

ARTICLE 19. OF THE RIGHT OF SHIFT. Article 4or Act 80 of 1993, will have a numeral 10 of the following tenor.

" Article 4or.

(...)

" 10. They shall respect the order for the contractors to submit the payments. 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. "

Ir al inicio

ARTICLE 20. CONTRACTING WITH INTERNATIONAL BODIES. Contracts or agreements financed in their entirety or in sums equal to or greater than 50% (50%) with funds from the international cooperation, assistance or aid agencies, may be subject to the regulations of such entities. Otherwise, they will be subject to the procedures laid down in Law 80 of 1993. The counterpart resources linked to these operations may have the same treatment.

Contracts or agreements concluded with foreign persons governed by public law or bodies governed by international law whose object is the development of programs of promotion, prevention and health care; contracts and agreements necessary for the ILO operation; contracts and agreements to be implemented in the development of the integrated system for the monitoring of illicit crops; contracts and agreements for the operation of the global food programme; contracts and agreements for the development of educational support programmes for the displaced and vulnerable population brought forward by Unesco and IOM; contracts or agreements financed by funds from multilateral credit institutions and foreign governmental entities may be subject to the regulations of such entities.

State entities may not conclude contracts or agreements for the management or management of their own resources or for those assigned to them by public budgets, with agencies for international cooperation, assistance or assistance.

PARAGRAFO 1o. Contracts or agreements concluded with foreign persons governed by public law may be subject to the rules of such bodies.

PARAGRAFO 2o. State entities shall be required to report information to the control bodies and to the Secop concerning the performance of the contracts referred to in this Article.

PARAGRAFO 3o. In any cooperation project involving state resources, the contributions in kind from the entity, organization or person cooperating, as well as those of the national entity, must be quantified in national currency. Colombia. The contralories shall exercise fiscal control over projects and contracts concluded with multilateral bodies.

Ir al inicio

ARTICLE 21. OF THE DELEGATION AND THE DECONCENTRATION TO CONTRACT. Article 12 of Law 80 of 1993, will have a paragraph 2o and a paragraph of the following tenor:

(...)

In no case, the heads and legal representatives of the state entities will be exonerated by the delegation of their duties of control and oversight of the pre-contractual and contractual activity.

PARAGRAFO. For the purposes of this law, the appropriate distribution of the work performed by the head or legal representative of the entity is understood by deconcentration, without this implying administrative autonomy in its exercise. Consequently, against activities fulfilled by virtue of administrative deconcentration there will be no recourse".

Ir al inicio

ARTICLE 22. OF THE ACTION FOR ANNULMENT OF THE ARBITRAL AWARDS. 118 of Law 1563 of 2012. It goes into effect from October 12, 2012 >

Ir al inicio

ARTICLE 23. FROM CONTRIBUTIONS TO THE SOCIAL SECURITY SYSTEM. The second paragraph and paragraph 1 of Article 41 of Law 80 will thus remain:

" Article 41.

(...)

For execution, the approval of the guarantee and the existence of the corresponding budget availabilities shall be required, except in the case of the procurement with resources of future fiscal vigencies in accordance with the provisions of the provisions of this Regulation. in 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.

PARAGRAFO 1o. 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.

Ir al inicio

ARTICLE 24. OF THE CONTRACTUAL REGIME OF THE REGIONAL AUTONOMOUS CORPORATIONS. The hiring of the Regional Autonomous Corporations, including the Regional Autonomous Corporation of the Rio Grande de la Magdalena, will be submitted to the General Staff Regulations of the Public Administration contained in Law 80 of 1993 and other rules that modify, repeal or add to it.

Ir al inicio

ARTICLE 25. OF THE INVESTMENT IN ORDINARY COMMON FUNDS. Article 32 5) (4) (4) of Law 80 of 1993, shall be as follows:

" Article 32. Of the state contracts.

(...)

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.

Ir al inicio

ARTICLE 26. OF THE DEVELOPMENT PROJECTS FINANCE FUND. 276 of Law 1450 of 2011 >

Ir al inicio

ARTICLE 27. THE EXTENSION OF CONCESSION CONTRACTS FOR THE PROVISION OF TELECOMMUNICATIONS AND TELEVISION SERVICES. The term of duration of current and future concessions for the provision of telecommunications services and activities, Including television, it will be ten (10) years extendable for equal lapses. In no case will there be any automatic or free carryovers.

Ir al inicio

ARTICLE 28. OF THE EXTENSION OR ADDITION OF PUBLIC WORKS CONCESSIONS. 39 of Law 1508 of 2012 >

Ir al inicio

ARTICLE 29. ELEMENTS TO BE COMPLIED WITH IN STATE PUBLIC LIGHTING CONTRACTS. All contracts in which the municipalities or districts deliver the provision of the public lighting service to third parties shall be subject to the Law 80 of 1993, to contain the guarantees required in the same, to include the clause of reversion of all the infrastructure managed, constructed or modernized, to make obligatory the modernization of the System, to incorporate in the financial model and contain the corresponding period in harmony with that model financial. They will have an appropriate financial controller. The contract of operation, administration, modernization, and maintenance of the one through which the electric power will be acquired for the public lighting will be clearly differentiated, as this will be governed by the Laws 142 and 143 1994. The Creg will regulate the contract and the cost of invoicing and raise with the energy service of the contribution created by Law 97 of 1913 and 84 of 1915 to the financing of this special service inherent to the energy. Contracts in force as of the date of this law shall be adjusted as provided for.

Ir al inicio

ARTICLE 30. FROM THE RULE BUILD.

Ir al inicio

ARTICLE 31. TRANSITION REGIME. The processes of hiring in progress to the date that this law applies, will continue to be subject to the rules in force at the time of their initiation. The contracts or agreements referred to in Article 20 of this law that are in execution at the time of their entry into force shall continue to be governed by the rules in force at the time of their entry into force. conclusion until liquidation, without it being possible to add or extend them.

Ir al inicio

ARTICLE 32. REPEAL. As of the validity of this law, the following articles of Law 80 of 1993 are hereby repealed: The paragraph of article 2or; the expression " in addition to the obtaining of profits whose protection guarantees the status " of the second paragraph of article 3or; article 13,4, article 22; the numeral 1 and the paragraph 1o of the Article 24; paragraph 2 of the numeral 15, the numeral 19 and the expression "the requirement of the designs shall not govern when the object of the procurement is that of construction or manufacture with designs of the proposers" of the second paragraph number 12 of the article 25, Article 29, item 11 of item 30, item 36, paragraph of article 39 , and item 1o of the Article 60, with the exception of the expression "Successive-term contracts, those whose execution or compliance is prolonged in time and the others that require it shall be settled" Article 61 and the expressions "competition" and "terms of reference" included throughout the text of Law 80 of 1993, as well as the expression: " 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 ".

The following provisions are also repealed: Paragraph 2o of Article 50 of Law 789 of 2002, as amended by article 1or Law 828 of 2003, the article 66 of Law 454 of 1998, literal d) of article 27 of Act 99 of 1993 and article 19 Act 161 of 1994. Likewise, the rules of Decree 1900 of 1990 and of Law 182 of 1995, which would be contrary to the provisions of this law, are repealed.

Ir al inicio

ARTICLE 33. VALIDITY. This law begins to govern six (6) months after its enactment, with the exception of article 6or which shall enter into effect the eighteen (18) months of its enactment.

PARAGRAFO 1o. As long as the article 6or this law does not enter into force, entities may verify the information of the proposers referred to in the numeral 1 of the article 5or this law.

PARAGRAFO 2o. Items 9or and 17 will be governed once this law is enacted.

The President of the honorable Senate of the Republic,

DILIAN FRANCSCA TORO TORRES.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

ALFREDO APE NECK BAUTE.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT.

Publish and execute.

Dada en Bogotá, D. C., 16 July 2007.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

CARLOS HOLGUIN SARDI.

The Minister of Finance and Public Credit,

OSCAR IVAN ZULUAGA ESCOBAR.

The Director of the National Planning Department,

CAROLINA RENTERIA.

Ir al inicio