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DIRECT CONTRACTING FOR MANIFEST URGENCY IN TIMES OF COVID-19

Manifest urgency is defined as a circumstance that urgently requires preserving the continuity of the service, because it has been affected by situations of force majeure, disasters, calamities or events related to states of exception, as mentioned in Article 42 of Law 80. Thus, the assumption that fits within the category of manifest urgency is the situation related to the state of exception of Economic, Social and Ecological Emergency.
Due to the emergency produced in the country because of the COVID-19 virus, the President of the Republic declared a State of Economic, Social and Ecological Emergency throughout the National territory by means of Decree 417 of March 17, 2020.
In matters of public procurement and due to urgent circumstances, the National Agency for Public Procurement – Colombia Compra Eficiente, has informed state entities that in situations of manifest urgency they may contract directly under the conditions set forth in Article 2 paragraph 4 paragraph a. of Law 1150 of 2007, Article 2.2.2.1.2.1.1.4.5. of Decree 1082 of 2015 and Articles 42 and 43 of Law 80 of 1993.
The essential element of these situations is that they require immediate attention, which demands actions by the State that cannot wait and that prevent the use of the other selection procedures, i.e., public bidding, abbreviated selection, merit-based competition and minimum amount contracting.
Manifest urgency must be declared by means of a reasoned administrative act, since it is an unforeseen circumstance and it is not necessary to carry out prior studies. Once the act has been issued, the entity will carry out the necessary internal procedures for contracting, including the availability of resources, and finally, once the manifest urgency has been declared through the administrative act and the corresponding contract has been executed, the requirement contained in Article 43 of Law 80 of 1993 must be complied with for the purposes of exercising fiscal control over the respective entity.
If you require advice or related information, please contact us: www.cuadrolegal.com / gianna.negrete@cuadrolegal.com
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