Activity 3 Essay in English - Management and Contracting of Works

Activity 3 Essay in English

Management and Contracting of Works

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 Activity 3 Essay in English - Management and Contracting of Works

MILITAR UNIVERSITY OF NEW GRANADA

SCHOOL OF DISTANCE STUDIES
CIVIL ENGINEERING

ACTIVITY 3 ESSAY IN ENGLISH

PRESENTED BY:

OMAR HERNANDEZ PARRA d7302818

LORENA DOLORES SUCRE MARTINEZ d7302886
VICTOR LEANDRO HURTADO LOPEZ d7302819
CARMEN RUTH BELTRAN ALMECIGA d7302253

TEACHER: architect LUZ ADRIANA SANTOS

MAY 2019

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 Activity 3 Essay in English - Management and Contracting of Works

Essay in English - Management and Contracting of Works

SUMMARY
The process of contracting works is a tool designed by the state in order to execute public
resources which are allocated by the government, in order to execute infrastructure works, this in
order to make feasible and give transparencies to the contractual processes , where a projection
and an approach to its execution of resources is taken into account in a given timeframe, this tool
has a vademecun that is implemented by rules, procedures, rules and technological means, this
allows us to give a good management at the time to execute the resources, always thinking about
the specific needs that they have and in order to administer in an agile and transparent way the
public resources assigned for that purpose, opting for a planning and a study in the sector to fulfill
the agenda programmed.

One of the guarantees that is given is the management of resources and ensuring that these
are well protected by opting for good administration, and above all by carrying out quality
infrastructure work in compliance with the satisfaction of the client and its users at the time of the
culmination.

Keywords: Construction contracting, Colombia, Resources, Infrastructure.

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 Activity 3 Essay in English - Management and Contracting of Works

INTRODUCTION

Recall that in Colombia related to public and private procurement, Colombia has a legal
framework that guides the performance of the procurement process, this in order to give a better
transparency in the implementation of state resources as a means of control in the activities When
contracting, it is noteworthy that both entities and institutions have mechanisms of hierarchy,
supervision, coordination, cooperation, control among others, which allows articulating other
institutions leading to the same purpose or purpose. It is of great interest to know through this
essay the reality of the process of contracting work in Colombia, what are the general aspects and
the phases that intervene at the time of initiating this process.

The contracting process is the tool used by public or private entities to carry out or execute
public resources that lead to meet the needs that led to the completion of the work, we count that
the operation and execution are audited allowing the development of plans and projections for the
different stages intervened.

All this contracting process always has a clear objective that deals with the efficient
management of the assigned resources, based on the principles of transparency and responsibility
when carrying out a work.

This type of contracting process has been structuring, where it contributes to provide better
opportunities, opting for it to be carried out with the greatest transparency, for this purpose it has
tools for its integral work of the work team, managing and building values for the development of
human being and the community, sense of belonging, autonomy, solidarity, teamwork always
thinking about innovation and continuous improvement, stimulating learning and research with
social responsibility.
But in all cases, there are corrupt projects which do not allow transparency and inclusion,
due to improper manipulation of these, showing flawed cases that do not generate the necessary
guarantees of the suppliers by some contractors, these institutions are manipulated by personal
favors, and even companies manage such hiring with monies and commissions, which make each
hiring process become a conflict of interests in search of a better commission for its adjudication.

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 Activity 3 Essay in English - Management and Contracting of Works

It is an administrative problem because they are intervened by bureaucratic interests, which

have led to mistrust by contractors seeking their own benefit, we know that the ethical thing is to
seek growth in order to meet the collective needs, not to perform by contractors the handling of
influences in the counter-current issues, thus avoiding the growth of serious companies with a
sense of belonging and with a clear objective to improve the quality of the works.

The wording of the institutions or companies instead of giving the opportunity to allow the
country out of poverty, or failing to have greater growth and development, but only makes this
country poorer and with obstacles to its development, this makes that the indebtedness is greater,
that the beneficiaries are few, this entails at the time of paying, is reflected in the generation of
new taxes for the citizen, generating a poor community without having to pay.

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 Activity 3 Essay in English - Management and Contracting of Works

General features

To know that it is a public work, we rely on the law 80 of 1993, General Contracting Statute
of the Public Administration, in its Article 32, which defines it as that held by state entities for the
construction, maintenance, installation and general for the realization of any other material work
snore real estate. Its regulatory framework is stipulated in Law 1150 of 2007, Law 1474 of 2011
and Law 1682 of 2013 on transport infrastructure and in other aspects, by private law.

Within this answer you must know the regulations that govern the processes of contracting
work, at the time of execution, such as:
- Rules for the protection of historical and cultural heritage
- Environmental Licenses and Obligations
- Urbanistic licenses and fulfillment of territorial land management plans
- Issues related to territorial development, expropriation and management in land issues
- Tax matters
- Mobility
- Residential Public Services
- Community management
It is important to know the methods of selection according to a work contract are:
- Public tender
- Short Selection
- Direct hire
- Minimum amount

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 Activity 3 Essay in English - Management and Contracting of Works

Phase of Planning in Public Works Contracting Processes

The process of public procurement in Colombia depends on different factors that influence this
process, the Colombian State has a first stage, which has as main objective the planning of the
hiring process.
The planning consists in the identification of the needs, followed by the elaboration of technical
studies in which the feasibility of projects in relation to it must be analyzed and established. with
engineering studies, budgetary aspects, establishment of social, environmental and economic
impact, in addition the authorizations, licenses and permits necessary for the execution of the
project must be identified and finally the projection of environmental management.

For the start of the contracting process , the feasibility of the work must be demonstrated through
the studies before the state entity , while the transport infrastructure works must include studies
and designs that include elements such as technical annexes , population beneficiary, geological,
geotechnical, hydrological, hydrological studies, when applicable, design, environmental analysis,
costs, among others.

On the other hand, within the planning the state entity in charge carries out a study of the sector in
order to define the requirements appropriate, based on indicators of organizational and financial
capacity of suppliers of goods and services. To these studies the state has tools guide, in which
both state agencies and proponents can verify and review information related to the various state
contracts.

Another factor to take into account in the planning is the estimation of the risk for which state
entities take into account aspects such as: Value of the work, possible variations in the quantities
of work, presence and interference of public services networks, cost overruns of maintenance and
operation, tax changes, environmental licenses, town planning, etc., variation in financial
conditions during the execution of the work, among other aspects that may arise and affect the
execution of the work .

For the elaboration of the bidding conditions and contracting minutes of public works, the
Colombian state makes available specific formats, which can be modified according to the

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 Activity 3 Essay in English - Management and Contracting of Works

specifications of the work.

A very important aspect within planning on hiring public s work is the value and payment, which
are established between the parties, the most commonly used methods are:
Global price: consists in the payment of a fixed value to the contractor which includes direct and
indirect costs of the execution of the work.
Key on hand: in this method the contractor takes over to perform the work of the work as they are:
the designs, feasibility studies, construction, hiring of personnel, facilities and supplies delivering
the finished work and in operation.
Unit prices: this method consists in establishing the unit prices of each item of the work, which
are used to calculate an estimated value of the work, however, the final value is calculated from
the works executed multiplied by each unit value.
Delegated administration: in this method it is the state entity that assumes the direction of the
work and contractor receives fees for its management.
Reimbursement of expenses: in method the contractor is responsible for the execution costs of the
work and the state entity returns the value of these expenses plus their fees.
The experience required to start a public works contract is in accordance with the nature of the
contract, ie the experience that the contractor must prove to be in related works, l as etatales entities
may require a number of years of experience in similar works, regardless of location and magnitude
of the project

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 Activity 3 Essay in English - Management and Contracting of Works

Execution phase in public procurement processes

The requirements for the execution of public works and in accordance with current
regulations, in relation to Law 80 of 1993 in its article 41, show us the characteristics that the
public works contract must have, in order to start the execution:
- Carry out the budget record
- Approve the contract guarantees
- Verify the payment of the obligations of the contractor
- Verify that the supervisor or supervisor has the ability to initiate the management.

All instructions given to the contractor must be in writing and this must be issued by the
state entity through the computer of the expense, when this instruction comes from the supervisor
or supervisor it must be made known to the state entity.

The supervision and supervision of work should be delayed by the state entity whenever it
is in the obligation to monitor the proper execution of public works contracts, this supervision is a
specialized technical monitoring performed by a natural or legal person Different from the state
entity, it also corresponds to supervision in financial, accounting, administrative and legal matters.

Exceptional clauses, these must be agreed upon in all contracts in accordance with the
provisions of Law 80 of 1993, that is, unilateral interpretation, unilateral modification, unilateral
termination and expiration.

Changes in public works contract, this should be jsutificar and document the modification
either by execution of additional works, or complementary, suspend or resume contract execution,
modify unit prices, among others.

The obligations subsequent to the liquidation of the public works contract, this refers to the
decree 1082 of 2015 in article 2.2.1.1.2.4.3.
- Follow up on the quality and stability of the work and collect the guarantees that cover them
when a loss occurs.
- Comply with the obligations derived from the regulation of the final disposal or environmental

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 Activity 3 Essay in English - Management and Contracting of Works

recovery of the work.

- Close the file once the validity of the guarantees and the obligations derived from the final
disposition has been fulfilled.

The quality of contracts for public works

In the contracts of the State in which there are elements of civil engineering, must meet
very important quality parameters.

The civil works quality refers to the degree of excellence that has been made, complying
fully with the functionality for which was built and the conformity of the customer taking into
account that meets your needs.

In order to verify the quality, measurable parameters which are known as quality
parameters must be set. In this sense the State entity depending on the type of work, evaluated with
the help of auditing, audits and laboratory properties of materials, verifying that they meet the
requirements for the work, as way to perform measurements and controls each of the elements of
the work throughout the process of construction.

To perform these checks, there are quality Control systems, which have been developed by
specialized institutions which, through an organizational structure, procedures, processes and
resources used by the contractors ensure compliance with required quality standards.

Stage of planning for quality

During the phase of planning the responsible entity of the State contracting process,
performs the study of criteria and parameters that are to be included in the tender documents
relating to the quality.

During this process the State entity determines the technical and qualifying requirements
and sets the scores to each one of them.
Certain tests that have to do with the desirability, feasibility and form of measurement that are

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 Activity 3 Essay in English - Management and Contracting of Works

going to give should be prior to establishing these criteria and quality requirements.

Score that should be given to the quality criteria should be sufficient so that participants of
the tender is encourage to comply with them, in addition these criteria should not be too demanding
because they could lead to reducing the number of participants.

The stage of selection of the best offer

For the choice of the best offer in terms of the quality factor the State entity should assess
the weighting and the economic factor using formulas and scores.
The development of this process, there are some criteria with international standards, which
facilitate the structuring of the weighting of the quality criteria in the procurement of works.

Quality control system:

This system is composed of various documents which allow to determine the ability of
contractors to comply with the parameters of quality in the development of their activities.
These documents are what define the quality policy which is the objective of the policy, a
document which describes the system of quality of work, those responsible for the management
and control of the quality of the work and the methodology elements composed of implementation
of the same.

Documents of operating procedures which are described step-by-step offeror activities to

ensure the quality of their work.
Each process must specify procedures, activities and resources to be used, to meet the required
quality standards.

Each activity or specific work to be carried out in the manufacture of a product or the
construction of a work must be specified in documents as the specifications of contracts,
construction, manual methods and schemes, which ensure the compliance with the required
quality.

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 Activity 3 Essay in English - Management and Contracting of Works

You must be assigned to each of the documents a score giving more score to documents
more specific and relevant measurement. To evaluate the proposals, which shows that it has a
quality control system more effective is that obtains the total number of points.

Additionally the State entity may require the proponents a document from the laboratory
hired to carry out different tests and trials of quality in building materials to meet the required
standards. The laboratory must be accredited by the National Agency for accreditation of
Colombia, known by its acronym ONAC.

Another way to check the quality with which the contractor develops its work is conducting
the review of previous works built by him. These checks reviews compliance with specifications
and regulations, as well as the fulfillment of time in the termination of the contracts. These checks
are also qualified by a score within the tender.

Once awarded the work, the State entity shall ensure that all the elements of quality
proposed during the bid stage are met during her execution of the work. These verifications should
be performed directly or with the help of auditing.

In case of non-compliance on aspects of quality with respect to the proposed it may impose
sanctions on the contractor for breach of the provisions previously included within the quality
criteria.

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 Activity 3 Essay in English - Management and Contracting of Works

CONCLUSIONS

Colombia, according to its current regulations in relation to contractual activities, must

seek mechanisms that allow compliance with the policies and the duty to comply with a good
management of the primary needs of state entities, ensuring good management of resources when
hiring an infrastructure work.

For the realization of the contractual party must comply with mandatory clauses, requesting
and guaranteeing the parties, compliance with their obligations and due compensation in case of
complying with the contract, in order to cover the obligations acquired and porteger in this way
the public heritage.

It is important to take into account the legal issue, since it allows us to have a course as
academic material, in order to deepen in the area of work contracting processes, in order to reflect
transparency and good management of resources at the time of contracting with any state entity.

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 Activity 3 Essay in English - Management and Contracting of Works

BIBLIOGRAPHY

Guide for public works contracting processes, G-GPCOP-01, Colombia Compra Eficiente,
Government of Colombia.

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