Originally from:
Doing Business in Colombia - 2nd Edition - Hardcover
Doing Business in Colombia - 2nd Edition - Electronic
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Chapter 15
Regime for State Contracts
The provisions of Law 80 of 1993 as amended by Law 1150 of 2007
constitute the General Statute for Public Administration Contracts, which
sets applicable rules and principles for preparation of contracts of state
entities.
In general terms, principles ruling the actions of those who participate
in state contracts are, for example, transparency, economy and
responsibility. Also, observance of principles that regulate the
administrative function must be followed: equity, morality, efficacy,
promptness, impartiality and publicity.
Other applicable norms are: Law 105 of 1993, Law 142 of 1994, Law
143 of 1994, Law 226 of 1995, Law 489 of 1998, Law 816 2003, Decree
1760 of 2003, Law 1150 of 2007 and Decree 066 of 2008.
I. STATE CONTRACTS
State contracts are defined as those juridical actions which generate
obligations subscribed by public entities in fulfillment of government
objectives; the permanent and efficient rendering of public services; and the
effectiveness of rights and interests of the population.
In general, all state contracts must be in writing and, in exceptional
situations must also be issued through Public Deed (mainly when a transfer
of real estate properties is involved).
A characteristic of state contracts lies in their intuito personae nature—
that is to say they are subscribed by virtue of the person and the special
qualities of the contractor. Therefore, assignment of state contracts must
carry the previous written authorization of the contracting entity.
A. Types of Contracts
1. Civil Works
These are contracts for construction, maintenance, installation and any
other material work on real estate properties regardless of the modality of
execution and payment.
2. Consulting
These are contracts for studies necessary for the execution of
investment projects, diagnosis research, pre-feasibility or feasibility studies
for specific programs or projects. They also include technical advisory for
the coordination, control and supervision, surveillance, project management,
civil works management, administration, programming and execution of
blueprints, designs, pre-project and projects.
About the Firm:
Cavelier Abogados, a Colombian law firm established in 1953 that combines experience and innovation and stands out as a leading advisor in Latin America in several fields of the law. Using the most modern legal infrastructure and technology, the firm offers clients a strategic partnership for business development with legal services in Colombia and overseas countries. The strength of Cavelier Abogados lies in its Intellectual Property Law and Business Law areas, but the firm is also strong in Corporate Law, Financial Law, Foreign Investment Law, Tax Law and Mining and Hydrocarbons Law. Besides occupying prominent places in the top rankings of law publishers, the firm employs several university professors and authors of books on the practice areas of the firm. Cavelier Abogados also has a network of 469 correspondents in 143 countries. It was also one of the first Colombian law firms to have its own Code of Ethics, which contains higher standards of conduct compared to local legislation. The firm uses a multidisciplinary approach to find creative, prudent and value generating business solutions that optimize clients' return on investment while minimizing risks.
About the Contributors:
Natalia Tobón-Franco is a Lawyer from Universidad de los Andes
(Bogota, Colombia) with an L.L.M. in Intellectual Property Law from
Franklin Pierce Law Center (New Hampshire, U.S.A.); a Professor and
Author of several books and articles on Copyright Law, Freedom of Speech
and Entertainment Law; and an Associate Attorney at Cavelier Abogados.
Eduardo Varela-Pezzano is a Lawyer and Specialist in Intellectual
Property Law from Universidad del Rosario (Bogota, Colombia); an
Intellectual Property Law Professor at Universidad del Rosario; an Author
of several books and articles on Freedom of Speech, Patent, Trademark,
Copyright and Entertainment Law; and an Associate Attorney at Cavelier
Abogados.
