Desnaturalización de la modalidad de mínima cuantía en los contratos de obra pública en Colombia

Abstract

The work presents a problem that few authors have explored when it comes to public procurement, since the legislature, when creating the modality of selection of the proponent typified as small-scale contracting, wanted to provide more transparency to achieve the acquisition of goods, services and works, as long as said value does not exceed the percentage of ten percent (10%) of the smallest amount, as observed in article 94 of law 1474 of 2011.

This modality was motivated by the idea of ​​a procedure that delivers speed and efficiency for the contracting of goods and services that for their economic purpose have a lower price, however, the problem arises because in the procedure created the requirements are lower and also not The class of contracts that can be carried out by this modality was determined, which allows a work contract that in reality by its object is of greater amount, in reality is masked by subdividing itself into small contracts of small amount, despite the in this regard, they will be discussed in the course of the thesis, allowing a denaturation of the minimum amount modality; through budgetary additions within the works contract, which in practice ends up becoming a larger contract, but hidden by the aforementioned budget additions and previous studies. These practices violate the principle of transparency, that of planning, that of objective selection, among others; since in the end the amount of a selection process is changed by adding within another and in turn there is a direct recruitment in disguise.