PROCESS OF CONTRACTING IN COLOMBIA

EULISES JOSE SILVA SARMIENTO

CODE: 7303874

The hiring process is a series of interactions between the company and the
applicants to occupy a job, until the execution of the contract. This is the reason why
there is no relationship between the people involved. In addition, it involves a series
of general legal requirements according to the country. The institutional contractual
management begins with the preparation of the Annual Needs Plan, which consists
of the preparation, planning and programming of the acquisition of goods, services
and works, to meet the needs of the entity, that is, when the leaders of the Projects
and heads of areas, information for the development of their management.
The needs are estimated based on the procedures associated with each institutional
process, the projects are carried out, the operation of the investment, the existing
human resource, the historical consumption and the levels of existence of the
elements are financed. Head of area, accompanied by the format issued by
Colombia Compra Eficiente, through which he requests the referral of the needs of
goods, work and / or Services, requirements for the respectful fiscal validity and the
following, when applicable, giving the instructions of the case, that there be inputs
for the annual procurement plan of the respective fiscal period and the medium-term
expenditure budget (PGMP).
The elaboration of the Annual Procurement Plan is the responsibility of the
Coordinators of the Administrative Services and Contractual Management Groups.
With regard to the budget, we are working as a leader in the Administrative Services
Group and the budget of the operation by the Planning Advisory Office, according to
the needs of the different areas. The consolidation of the Annual Procurement Plan
corresponds to the General Secretariat, through the Administrative Services and
Contractual Management Groups.
In any case, the Planning Advisory Office, in coordination with the General
Secretariat, is responsible for preparing the Medium Term Expenditure Framework,
the Preliminary Draft Budget, the Annual Procurement Plan, the Annual Monthly
Cash Program - PAC and the requests Additions and budget transfers that the entity
requires.
Once the Annual Procurement Plan has been consolidated, it is the responsibility of
the Contracting Committee to recommend that the Expenses Computer present it
for the approval of the Department Director, who will do so through an email.
Once the Annual Procurement Plan for the fiscal period has been approved, the
Contract Management Group Coordinator must publish it in the Electronic System
for Public Procurement - SECOP and on the website of the public function, no later
than thirty-one (31 ) of January of each year, as well as the modifications that may
take place, in accordance with the guidelines of Colombia Compra Eficiente.
The Annual Procurement Plan must be followed up by the Coordinators of the
Administrative Services and Contractual Management Groups, in order to establish
the progress of their execution and the pertinence of the modifications and / or
adjustments requested, which they must be presented to the Contracting Committee
for their respective recommendation and subsequent approval by the Director of the
public function.
In the same way, the Coordinators of the Administrative Services and Contractual
Management Groups are presented in the Procurement Committee, the progress
reports of the Annual Procurement Plan. The dependencies that require the hiring,
the studies and previous documents, the support to the professionals of the
Contractual Management Group, the agreement with the current norms. The
Previous Studies will serve as the basis for the preparation of the specifications, or
the contract to be signed.
The professional of the Contractual Management Group, the project, the contract,
the contract, the agreement, the conditions, the conditions, the means, the means,
the services, the respect, the selection process, and also the Head of the area. Well,
before passing a computer signature of the expense.
In accordance with article 41 of Law 80 of 1993, modified by article 23 of Law 1150
of 2007, the State contracts are perfected when an agreement is reached on the
object and the consideration and this only raises a writing. For the execution, it is
necessary to approve the guarantee and the existence of the corresponding
budgetary availability, however, it is about the use of the resources of the
surveillance activities. The contractor must prove that they are up-to-date in the
payment of contributions for social security systems, as well as those of the Seine,
ICBF and Family Compensation Funds.
For the minimum amount processes, the communication of acceptance together with
the offer constitutes for all the effects the contract concluded. Prior to the signing
of a contract for the provision of professional services and / or Support for
Management, the future contractor must register in the Public Employment
Information and Management System - SIGEP the resume information, which will be
enabled by the assigned professional of the Contractual Management Group of THE
PUBLIC FUNCTION.
Bearing in mind that some contracts will require for execution, the signing of the
Initial Act, it must be drawn up in accordance with the format established in the
"Quality Management System" of the entity and will be signed, once the
requirements have been met. requirements for improvement and execution of the
contract.
 The supervision and control of the contracts will be in charge of a Supervisor or
External Auditor, as the case may be, who will have to fulfill the obligations
established in the Laws established in this respect, in the internal norms that are
issued on the matter and those stipulated in the respective contracts.
The designation of the Supervision is in charge of the Expense Computer, who will
communicate it, through the email sent by the Coordinator of the Contractual
Management Group, previous recommendation of the Head of the Area, through the
previous studies. In the event of temporary or permanent vacancy of the Supervisor,
among other causes, for vacations or retirement of the Entity, the Area Chief must
previously request the Secretary General to designate the new Supervisor,
otherwise, it will be understood that this assumes Supervision.
During the execution of the contract, different situations may arise that affect its
execution, for which reason, the supervisor must request from the Expense
Computer, at least eight (8) business days in advance, the preparation of the
modification, addition, extension, assignment and / or respective suspension,
indicating the reasons that cause the change, the convenience and the benefit that
the public function will obtain. All requests must be presented to the Expense
Comptroller, after approval by the Contract Supervisor.
It should be noted that the modifications can not be made on the object, but to add
or decrease activities, term of execution, payment method, value, place of execution,
among others, that is, aspects that affect the execution of the Contract, but that Do
not change your essence.
Contracts can be added in value and extended in time. Additions in the value must
have the corresponding Budget Availability Certificate. The supervisor must submit
the request for addition or extension, with its respective justification, before the
expiration of the execution period stipulated in the contract.
During the execution of the contract, the parties can be established. The
achievement of the proposed objectives. These modifications must also be justified.
If there are circumstances of force majeure or unforeseeable circumstances,
circumstances beyond the control of the parties that temporarily prevent the normal
execution of the contracts, the parties agree to suspend the execution of the
contract, by signing an act in which is the event that led to the suspension, the time
of the suspension. In the request, you must indicate the exact term of suspension.
When the execution of the contract is reinitiated, the contractor must adjust the
surveillance of the guarantees.
During the period of suspension, the contractual obligations are not executed,
without implying a breach of them.
It occurs when the contractor or the contracting entity transfers to another person or
other persons, totally or partially, the rights and obligations acquired with the signing
of the contract.
Contracts will not be granted without prior written authorization from the Contracting
Entity. In the event that the contractor can not continue assuming the execution of
the formalized commitment, the Contract Supervisor may use the assignment of the
contract in the Expenses Computer, through a written communication, proposing a
qualified and qualified third person. , to continue with the execution of the contract.
The contractor must include at least the same characteristics required by the
contractor proposed for the assignment and, in addition, all the documents
evidencing these conditions. It is mandatory to have the favorable technical concept
of the supervisor of the contract and with the authorization.
In these events you must ensure that the service is not affected. Proceed when the
parties agree to finalize in writing the contractual relationship, before the expiration
of the agreed execution period. The public function will have the power to declare
the breach of the contract, quantifying the damages of the same, impose the fines
and sanctions agreed and make effective the penal clause. For this purpose, the
public function shall respect the right to due process and shall apply the procedure
established in the regulations in force at the time of the facts.
The Contract Supervisor must request in writing from the contractor, when there is
a delay or breach of the obligations and the contractual object, and inform the
Expenses Computer in writing and present it for consideration by the Contracting
Committee. The liquidation of the contract proceeds once finished the same, in order
to carry out a total revision of the executed obligations, carrying out the economic
reconnaissances or adjustments that may take place, to declare to peace and
security, that is to say, it is a court of accounts .
The liquidation of the contract does not release the contractor from the obligation to
respond for the stability of the work or the quality of the goods or services contracted,
therefore, the Entity must advance the administrative and / or legal actions that may
take place, When there are facts subsequent to the Liquidation of the Contract, which
are covered by the current guarantees of the same.
In compliance with article 60 of Law 80 of 1993, modified by article 217 of Decree
19 of 2012, THE PUBLIC FUNCTION will liquidate the contracts of successive tract,
those whose execution is prolonged in time and the others that require it, for being
a verification of the payments is necessary, because difficulties have arisen during
its execution, or because the nature thereof warrants it.
Settlement will not be mandatory in contracts for the provision of professional
services and management support. The cooperation, coordination and collaboration
agreements that are not governed by Law 80 of 1993 will not be subject to liquidation.
The purpose of the settlement of the contracts is for the parties to carry out, by
common agreement, a general economic balance of the contractual obligations. This
type of settlement will be made within four (4) months following the end of the term
of execution of the contract and until within two (2) years following the expiration of
the period noted.
The contractors will have the right to make reservations to the settlement by mutual
agreement. The determinations that are adopted in the final document of the
settlement and that are not objected by any of the parties within the legal time,
constitute the definitive cessation of the contractual relationship.
In the event that the Contractor does not appear before the liquidation, prior citation
or summons made by the public function, or that it is not possible to reach an
agreement in the liquidation, the public function will take place unilaterally, by means
of an administrative act duly motivated and within two (2) months following the
expiration of the period established for settlement by mutual agreement. For this
purpose, the supervisor will send his final report and the statement of account to the
Contractual Management Group.
It is the general rule for the choice of the contractor, except when, due to the
characteristics of the good, work or service to be contracted, the procedures of
abbreviated selection, merit contest, direct contracting and minimum amount
proceed. In accordance with the annual budget of the Department, this type of
selection is applied to those hiring processes whose amount is greater than 280 legal
monthly minimum wages in force (SMMLV).
The abbreviated selection is foreseen for those cases in which, due to the
characteristics of the object to be contracted, the circumstances of the contracting,
the quantity or destination of the good, work and / or service, it is necessary to
advance a simplified process, guaranteeing the efficiency of the contractual
management. The acquisition or supply of goods and services of uniform technical
characteristics and common use: These are goods and services with uniform
technical characteristics and common use, those that contain the same technical
specifications, regardless of their design or descriptive characteristics , and share
objectively defined patterns of performance and quality. This modality applies
regardless of the amount of the contract and is developed through the reverse
auction mechanism.
Hiring of Small Amount , This selection method applies to those processes, whose
amount is greater than 28 legal monthly minimum wages in force (SMMLV) and does
not exceed the 280 legal monthly minimum wages in force (SMMLV) Hiring whose
bidding process has been declared void: If the public bidding process was declared
void and the need to hire persists, the public funtion may choose not to advance a
new bidding process and, consequently, issue within four (4) ) months following the
declaration of deserted, the opening act of the Abbreviated Selection process,
regardless of the stages foreseen in the current regulations. Alienation of State
assets: To apply the present short selection cause, the Department must include in
the Previous Studies the commercial valuation of the good and the minimum sale
price.
For merits, a modality has been foreseen for the selection of consultants, which can
be advanced through an open or pre-qualification procedure. In no case will the price
of the proposal constitute a selection factor in the selection.
In order to provide direct contracting, contracts and / or inter-administrative
agreements must be available: These are the contracts or agreements that are
concluded between public institutions and governed by the state procurement
regulations. For this reason, they require prior studies, the availability and the final
budget record, in case there is budgetary impact.
The public function may enter into inter-administrative contracts with public
institutions, provided that the obligations derived from them are directly related to the
object of the executing agency, indicated in the Law or its regulations.
When there is no plurality of suppliers in the market: You can go to the modality of
direct contracting when there is no plurality of bidders, when there is only one person
who can provide the good or service, as the holder of industrial property rights or of
copyright or because it is, in accordance with the law, its exclusive provider. These
circumstances must be included in the previous study that supports the hiring.
For the provision of professional services and support for the management or for the
hiring of artistic works that can only be entrusted to certain natural persons. The
professional services and of support to the management, correspond to those of
intellectual nature different from those of consultancy, that are derived from the
fulfillment of the functions of the public function; as well as those related to
operational, logistical or.
The public function may contract directly with the natural or legal person who is able
to execute the object of the contract and who has demonstrated suitability or
experience directly related to the area in question, without it being necessary to have
previously obtained several offers . The Head of the unit that requires the hiring will
be responsible for verifying and certifying the experience and technical suitability of
the person to hire.
Contracts for the provision of services with natural or legal persons can only be
concluded when there are no personnel with the capacity to carry out the activities
required. It is understood that there is no staff in the Entity, if it is impossible to attend
the activity with the existing staff, because according to the specific manuals, there
is no staff that can develop the activity for which it is required to contract the provision
of the service, or when the development of the activity requires a degree of
specialization that implies the hiring of the service, or when there are still personnel
in the plant, this is not enough. The lack of personnel must be certified by the Director
of the public function based on the previous studies submitted by the hiring agency.
These contracts can not be entered into, when there are existing contractual
relationships with the same purpose as the contract to be subscribed, unless
expressly authorized by the Director of the public function. This authorization will be
preceded by the support on the technical needs of the hiring to be.

Bibliography

 http://es.presidencia.gov.co/normativa/normativa/LEY%201882%20DEL%2
015%20DE%20ENERO%20DE%202018.pdf
 http://www.funcionpublica.gov.co/documents/418537/1035318/Manual+de+
Contratación+V12.pdf/bd03b7b9-b76b-49c0-a762-bda48c6f5a59
 https://www.webyempresas.com/como-es-el-proceso-de-contratacion-en-
una-empresa/