Contrataciones realizadas por el Estado a través del estado de emergencia. Análisis de su justificación.

Abstract

What characterizes public contracting, in addition to the basic agreement between the parties, is that one party concerns the State, the law provides procedures to be able to effect such hiring, it should be mentioned that some have ordinary procedures, while others consist in special procedures. The Organic Law of the Public Contracting System allows for public procurement to be carried out through the portal of the National Public Procurement Service in "Public Purchases", in cases where a state of emergency has been decreed, so that in Instead of following the ordinary procedures to contract, it is done in a special way due to the situation that must be attended. However, it can be seen that over the years the declaration of a state of emergency has not been in accordance with the provisions of the law, since they do not meet their expected requirements, this is where it denotes the importance of having a way to control it. As for the issuance of states of emergency, it is necessary to establish an institution to oversee and approve the promulgation of these resolutions, leaving the caveat that if the authority is not pronounced within a set time, it would be conceived as accepted the resolution.