Effects on The Minimum Amount Processes in Response to The Artificially Low Price

Abstract

The general objective of this scientific article was to determine the possible consequences of validating proposals with artificially low prices in minimum value processes. The foregoing is with the understanding that, by mandate of Law 80 of 1993, contracts entered by State entities must be preceded by prior studies in charge of examining economic, social, environmental, logistical and other aspects related to the contract, an undertaking that the planning principle emerges. One of the mandatory prior studies to be carried out is the market study and analysis of the sector, which aims to know the current commercial and economic dynamics before entering into certain contracts. However, in some scenarios this mandate is not fully fulfilled, which leads to the emergence of anomalies such as the celebration of proposals with artificially low prices, that is, an award in which the offer presented by the proponent does not comply with reality and generates imbalance not only in the award process, but also in the effective fulfillment of the contract. To this end, it is necessary for the academy to examine aspects related to said irregularity.

The previous task was carried out using a legal methodology, descriptive in nature and with a qualitative approach based on documentary review.