1. Vicios en adjudicaciones de compras estatales y su anulación por el Tribunal de lo Contencioso Administrativo. Estudio de casos prácticos.
- Author
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MORELLI FERREIRA, Verónica
- Subjects
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LEGAL norms , *LETTING of contracts , *ADMINISTRATIVE courts , *PUBLIC contracts , *LEGAL procedure - Abstract
The article analyzes the flaws in the awarding of state purchases and their annulment by the Administrative Litigation Court. Four common hypotheses for annulment are studied: the choice of an incorrect procedure, non-compliance with essential provisions of the terms of reference, violation of the principle of equality among bidders, and absence or flaws in the reasons and/or motivation. The importance of complying with legal norms and following the procedures established by law in state purchases is discussed. Additionally, the principles of compliance with the terms of reference, equality among bidders, immutability of offers, and reasons and motivation are analyzed in the context of state purchase awards. Practical cases of annulment of awards due to irregularities in the terms of reference are also addressed. The Administrative Litigation Court has annulled several resolutions awarding state contracts due to different irregularities, such as the lack of necessary authorization, non-compliance with requirements established in the terms of reference, inaccurate reasons, and insufficient motivation. The importance of properly drafting the terms of reference in state purchase award procedures is emphasized, avoiding granting deadlines to rectify essential requirements, demanding unforeseen requirements, and giving benefits to one bidder at the expense of others. [Extracted from the article]
- Published
- 2023
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