By decision of council of statefrom the date natural people they will not be prevented from have two or more contracts of job with the Colombian government. The measure was known in the last hours by Snail Radio.
“#ATTENTION Natural persons may have 2 or more contracts with the State. @CaracolRadio learned of the decision of the @ConsejodeEstado that decrees provisional suspension of the paragraph of Presidential Directive 08/22 that prohibited it,” the Bogota radio station reported through its Twitter account.
It is worth remembering that, through presidential directive 08 of 2022, the Presidency of the Republic it imparted “measures to strengthen the rationalization, probity and efficiency of public spending, in the principles that govern the public function, enshrined in article 209 of the Political Constitution.”
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The objective of the norm, according to the Colombian Government, is to rationalize the expenses of the State by reducing 30% contracts for the provision of services. According to the director of the Administrative Department of the Presidency (Dapre), Mauricio Lizcano, the State would save 4 trillion pesos in the next four years.
“It will allow savings of one billion pesos per year only in compliance with this Presidential Directive. In addition, it brings up very strong issues of the fight against corruption, which, I believe, is a good message for public opinion,” the Dapre director said last September.
Specifically, in the “Measures for the optimization of resources in public procurement” section of the presidential directive, the Presidency of the Republic states that the entities belonging to the Executive branch They cannot justify that a person has several contracts for the provision of services with the Colombian State.
“Public entities may not justify the execution of contracts for the provision of management support services due to insufficient plant personnel to evacuate the respective work, if such contracts will be signed with natural persons who already have other contracts for the provision of services with other public entities, which they will previously verify on the SECOP platform. Nor if there are permanent vacancy in their personnel plants for more than 6 months ”, reads the presidential directive 08 of 2022.
Regarding the issue, during the publication of the document, the director of Dapre stressed that, based on the foregoing, “the State may only hire one person in the case of support activities for public management”.
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The guideline at the time generated controversy among public opinion because with it not only because of the affectation it would cause in thousands of contractors, but also because of the limitation that would be placed on the autonomy of state entities, as indicated by the magazine Week.
In dialogue with the Bogota publication, criminal lawyer Francisco Bernateheld that: “Despite its laudability, this circular is illegal by establishing an inability to contract that is not contemplated in the law, and the incapacities in contracting have legal reserve”.
It is worth mentioning that the Public Function circular also established the ‘Rationalization in contracting studies’In other words, before an entity signs a study or design, it must, according to the document, verify that there are no files similar to it.
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The foregoing, in accordance with the guideline, is intended to determine “if it is possible to use, totally or partially, the studies that already exist, to obtain the purpose that is proposed, or if it is necessary to update, complement, the study or the design that is already in place, in which case the principles of public procurement will be applied”.