Public entities have various procedures available to carry out public procurement. The general rule is that the transparency and objective selection principles must be observed. Although this is the general rule, the Procurement Statute offers mechanism to expedite procurement in the cases defined therein.
The procedures provided in the Procurement Statute are the following:
According to Law 1150 of 2007 and Law 527 of 1999, proceedings, administrative acts, documents, contracts and, in general, acts derived from pre-contractual and contractual activity, may take place by electronic means.
In accordance to Decree 1510 of 2013, State Entities are required to publish their contractual activity in the Contracting and Purchasing System (SECOP) an electronic data base containing information on public procurement. This obligation is supported by the fact that the contracts are executed with taxpayer's resources to deliver goods and services to the population, and therefore, everyone should have access to the corresponding information.
Public entities may also hold an electronic auction when proceeding under a Reverse Auction Selection Process. If the State Entity decides to perform the auction electronically, it must clearly establish the system to be used for the auction in the terms of reference, as well as the security mechanisms in place. The Electronic Reverse Auction is a dynamic process of online price negotiation between pre-selected suppliers.
According to the Public Procurement Statute, invitations to undertake contacts with public entities must be published in mass distribution journals from 10 to 20 days before the tender is open. This notice must be published at three different moments, 3 to 5 days apart from each other.
Additionally, and according to Decree 1510 of 2013, public entities must publish invitations or summoning's in the public contracting and purchasing system (SECOP), an electronic data base containing information on public contractual relationships.
The SECOP web page is as follows: https://www.contratos.gov.co/consultas/inicioConsulta.do
In principle, every competitive procedure for the selection of bidders should be open to any person that comply with the experience, financial and other technical qualifications required for the performance of the contract to be awarded. This means that grounds for exclusion of bidders should be general and not bidder-specific.
The Public Procurement Statute and concordant laws such as law 1474 of 2011, set forth several grounds that would prevent an individual or entity to participate in a public procurement procedure in the form of an incompatibility or inability regime. The general causes for exclusion of a person or company are, among others, the following: