Principios de la contratación estatal aplicables a los reglamentos especiales de contratación de la agencia nacional de hidrocarburos

Abstract

The law that regulates government contracting applies to all the legal business that have something to do with the public administration. Exceptions can be found, taking in account the special activities developed by some public institutions, such as the ones that regulate and manage the exploration and production of natural resources. These public institutions are legally enabled to adopt internal rules where they regulate these special contracts, such as exploration and production contracts, and contracts for the development of related industrial and commercial activities. The internal rules, according to general law must always develop the principles of transparency, responsibility and economy embodied in the law that regulates government contracting (Ley 80 de 1993 y Ley 1150 de 2007). Also, they must apply the principles of the administrative function and fiscal management content in articles 209 and 267 of the supreme law (Constitution Politic), and the art. 13 Law 1150 de 2007. The main actor of exceptional contracting schemes for the exploration and exploitation of hydrocarbons is the National Hydrocarbons Agency (ANH) which has two rules of special contracting for the allocation of areas and missionary contracting, and has legal disposition to give effect the procurement principles referred to in the General Regulations of public procurement . This research tries to make an analytical look at each procedure to determine after the degree of compliance with the legal order established in article 76 of Law 80 of 1993 and its main shortcomings