The values of public procurement in the formation of Society of Mixed Economy in Colombia

Abstract

Considering the subject that occupies us in this article as it is Societies of Mixed Economy (SEM) and its principles in the state contracting, it is necessary to emphasize that this investigation goes directed to the juridical and normative analysis of the societal figure of the same, to arrive at the conclusion that there is no current regulation at the time of the strategic partner's choice, which leaves the contracting entity the rules, terms, procedures and steps to follow in the contractual process. That is to say, none of the modalities established in Law 1150 of 2007, is of mandatory application at the time of choosing the individual in the conformation of the mixed economy company, in that understood the entity will offer according to its considerations the requirements for the choice of the strategic partner, which could undoubtedly present a risk for the principles of state contracting.

Basically what is sought is that the principles of state contracting in the choice of the strategic partner in shaping a mixed economy society in Colombia are not violated, taking into account that according to article 97 of Law 489 of 1998, the Mixed economy companies are bodies authorized by law, constituted in the form of commercial companies with state contributions and private capital, which develop activities of an industrial or commercial nature in accordance with the rules of Private Law, except for the exceptions enshrined in the law.

 Thus, it can be expressed in this, that the state procurement rules contained in Law 80 of 1993 and other concordant norms do not contain provisions regarding the selection process of the partner that the state entity will choose for the purpose of developing the object contract for which the SEM is constituted, leaving a thin line between the discretion of the contracting entity and the violation of the principles of state contracting.