State contracting process from the mandatory nature of SECOP II: study of the implementation of Circular 02 of 2019.

Abstract

This article of scientific research in law outlines the results carried out with a view to opting for the title of specialist. For which the general objective was set: Analyze the implementation of Circular No. 02 of 2019 on the mandatory application of SECOP II to state entities. Objective that is solved by means of the problem question: To what extent, does the obligation to implement SECOP II that circular 02 of 2019 brought, constitute a violation of the guarantees of legality of the state contracting process? Whose methodology is analytical, correlational, descriptive, of a basic legal type, and with an inductive approach, which will use the analysis of circular No. 1 and 2. issued by Colombia Compra Eficiencia, outlining the aspects related to the legality of this standard within of the state contracting process. Therefore, the main contribution of the investigation was to establish the mandatory nature of the SECOP II platform for all public law entities, but that they met a series of conditions that did not exempt them from the circular, this in the case specified the private public entities that had a range to apply SECOP I until December 31, 2019 and continue on said platform until the termination of the contractual process. In turn, it is indicated that, although the circular complies with constitutional and legal aspects, it is in practice not entirely beneficial for some specific situations, such as the case of departments with complex connectivity situations, as well as for the municipalities and decentralized entities that were not considered as the object of circular No. 1.