Abstract

ORTEGA SAURITH, Carlos Rodolfo  and  CORREA MARTINEZ, César Alberto. RISKS IN THE USE OF THE CONTINGENCY FUND IN MANIFEST URGENCY IN PUBLIC PROCUREMENT IN COLOMBIA. Novum Jus [online]. 2022, vol.16, n.3, pp.383-411.  Epub Mar 21, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.3.14.

The work of the legislator in the issuance of the General Contracting Statute of the Public Administration, by means of Law 80 of 1993, mentioned Manifest Urgency in articles 42 and 43. Likewise, Law 448 of 1998 created and regulated contingency funds to cover urgent needs derived from three situations, one of them being the Contingent obligations generated in Administrative Contracts. The purpose of this article is to define and demarcate the classes of risks in the use of the contingency fund in case of an unforeseen event arising in the execution of a manifest emergency contract.

Article 365 of the Political Constitution of Colombia seeks to guarantee efficient assistance from public services to the inhabitants of the territory and, within the obligations of the public administrations for the exercise of this obligation, is that of planning their actions, especially anticipating the variety and types of contractual risks. Within them we find those caused by foreseeable events, contrary to those that are not foreseeable, also those generated by bad practices, as well as contingent obligations (those arising from judicial decisions and arbitral awards and those arising from public credit operations), among others.

Keywords : Manifest urgency; risk in public contracting; state contracting; foreseeable and unforeseeable risks; contingency fund.

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