National Public Procurement Agency approves amendment to the law on guarantees

The Constitutional Court is considering the application against the amendment of the law on guarantees, which was carried out by means of the budget law, approved by the Congress of the Republic.

The high court, during the study of the lawsuit, has the option of receiving concepts from different organizations in order to be able to make a better decision.

The last concept received by the high court was that of the National Agency for Public Procurement — Colombia Efficient Purchase — in which the entity endorsed the changes.

According to the agency, the amendment “enabled territorial authorities to sign inter-administrative agreements with the nation, for the execution of projects associated with the 2022 Budget Law, they could only be concluded, directly, until January 29, 2022, the date from which the restriction of the law on guarantees”.

The National Agency for Public Procurement indicated to the Constitutional Court that, “once the pre-election period for the election of President and Vice-President began to apply both restrictions (...) within four (4) months prior to the elections of president and vice-president of the republic, it will not be possible conclude inter-administrative agreements and contracts through direct contracting, and may only be signed through selection mechanisms that imply a public call”.

The governing body in the area of public procurement for Colombia sent the concept despite the multiple criticisms that have come to it of the amendment of the law on guarantees from different political sectors.

Sergio Fajardo's campaign recently denounced the lack of guarantees for the May 29 elections, since it ensures that during Colombia's election season, President Duque concludes interadministrative agreements.

Former Minister Guillermo Rivera, representing Fajardo's campaign, said there are no guarantees for the presidential elections.

For now, the Constitutional Court expects to hold the internal debate on the amendments to the law, since the Office of the Attorney General has not yet sent the concept for Judge Diana Fajardo, rapporteur on the case, to proceed with its study.

For her part, the Attorney General of the Nation, Margarita Cabello Blanco, assured that it is still within the terms of law to deliver the document to the high court.

It should be recalled that on November 12, President Iván Duque passed the Law on the General Budget of the Nation 2022, to which during his time in Congress the questioned amendments to the law on guarantees were added, leaving this mechanism practically inoperable for the 2022 legislative and presidential elections.

“We sanctioned the Law of the General Budget of the Nation 2022 that prioritizes the allocation of resources in social care to the vulnerable population, support for economic growth and employment generation, and has a historical investment amount that reaches $69.6 billion,” said the head of state when sharing the document with your signature

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