- Direct contracting in Colombia
- Causal
- Process
- Process
- Examples
- Provision of support and professional services
- Contracting of loans
- Manifest urgency
- References
The direct contracting or hiring sole source procurement method is a product that does not require elaborate bidding documents. The supplier is simply asked to send a quote or a pro-forma invoice together with the conditions of sale.
Therefore, it is a way of selecting contractors in which State entities maintain the power to freely choose, without the need to make a public announcement, the legal or natural person that will carry out the objective of the contract.
Source: pixabay.com
The exceptional nature of the direct contracting mode demands that the provisions that regulate it be interpreted in a restrictive manner.
Otherwise, the purpose of the Public Procurement Law would be corrupted by allowing contracting entities to use this mode of selection for cases other than those provided by law.
Some citizens define direct contracting as "handing out contracts by hand. Although this mode of contracting is not a crime in itself, it definitely increases the risk of corruption.
Direct contracting in Colombia
Direct contracting in Colombia is a selection method that state contracting has, in which purchasing state entities have the ability to save time in obtaining services or goods.
In accordance with the provisions of Law 996 of 2005, within the four months prior to a presidential election, no state entity may use the direct contracting selection modality
This modality is foreseen and regulated in Law 1150 of 2007, in numeral 4 of article 2, where the only and exclusive causes are defined in which direct contracting may proceed. Therefore, its application is restrictive.
These grounds seek to meet the objectives of the State, thus endorsing the principles of contracting, such as transparency, objective choice and efficiency.
Causal
- Contracting of loans.
- Declared urgency.
- Inter-administrative agreements or contracts.
- Events in which there is no multiplicity of bidders in the market.
It is assumed that there is no plurality of bidders when there is not more than one person registered in the corresponding registry or when there is only one person who can supply the service or the good because he is the exclusive supplier, or is the owner of the copyright or of industrial property.
- Hiring to develop technological and scientific activities.
- Contracts for the acquisition or lease of real estate.
- Contracts for services and goods in the country's Defense area, in the National Protection Unit and the National Intelligence Directorate, in which it is required to have a reserve for their purchase.
- The fiduciary commission contracts that are accredited by the territorial entities to initiate the liability restructuring agreement.
- Contracts for the provision of professional services and management support, or for the performance of artistic work that can only be entrusted to certain natural persons.
Process
To begin a process with the direct contracting mode, the purchasing entities must issue a document, in an administrative act duly justified and legally argued, where they indicate:
- The object of the contract.
- The legal cause that is used for direct contracting.
- The place where interested parties can examine previous documents and studies.
- The budget for the contracting and the conditions that will be required of the contractor.
The following steps must be carried out for the effective realization of direct contracting:
- The description of the requirement that the state entity tries to satisfy with direct contracting.
To detail the requirement, for the work, service or good that is needed, its technical definition, background and / or justification can be indicated, as well as the way in which the entity will be able to satisfy said requirement, always in the field of development projects. and / or plans.
- The description of the object of the contract, with the identification of the contract to be carried out and its essential specifications. To detail the object to be hired, it is possible to indicate what services or goods are to be acquired, or what work is being built. The object must be easy to understand, precise and concise.
Process
The procedure to carry out a direct contracting must be described in the contracting manual of the respective entity. However, the following steps of the current regulations can be indicated:
- Process the documents and previous studies. It is required for the direct contracting of the execution of previous studies, except for the cause of manifest urgency.
With the execution of the preliminary studies, important points for the contract can be specified and specified. Likewise, this justifies the hiring.
- Issue the certificate of budget availability.
- Carry out the administrative act that justifies the direct hiring. This is because this selection modality is subject to the principles of public procurement and the duty of objective selection.
- To sign the contract.
Examples
Provision of support and professional services
The state entity may make a direct contract with the legal or natural person that has the capacity to perform the object of the contract. In addition, that it has demonstrated the experience and suitability directly related to the area to be treated
It will not be required to have obtained several offers previously, of which a written record must be left. This causal can be invoked when:
- Circumstances related to states of exception are displayed.
- As required by the continuity of the service.
- Attempts to remedy exceptional scenarios related to disasters, events constituting force majeure, or requiring immediate action.
- In the case of contexts that make it impossible to attend the selection procedures.
Contracting of loans
This is a public credit operation through which a state contracting entity obtains cash resources as a loan. It is responsible for its cancellation and payment when the term expires.
The requirements prior to its completion, in addition to obtaining and executing documents and prior studies, and issuing the administrative justification act, are the following:
- Favorable concepts of the National Planning Department.
- Authorization from the Ministry of Finance.
If the term of the contract is longer than one year, a prior favorable opinion from the Inter-Parliamentary Public Credit Commission will also be needed.
Manifest urgency
State entities maintain the power to freely choose, without the requirement to make a public call, the legal or natural person who will carry out the object of the contract
The documents that must be published for direct contracting are those indicated below:
- The contract, with the modifications, deletions or additions, and the information on the sanctions executed that are declared in the course of the contract execution or after it.
- The administrative act that justifies direct contracting.
References
- Gerencie (2017). Direct contracting, an exceptional mechanism to enter into contracts with the State. Taken from: gerencie.com.
- Synthesis (2016). Grounds for direct hiring. Taken from: sinntesis.colombiacompra.gov.co.
- Colombian Law (2018). In which cases the direct contracting with the State proceeds. Taken from: Derechocolombiano.com.co.
- Public Procurement (2019). Direct Contracting Procedure: Restrictive interpretation. Taken from: contratacionpublica.com.ve.
- INCISPP (2018). Direct Contracting in State Contracting. Taken from: incispp.edu.pe.