Browsing by Author "Campo Obando, Karol Meliza"
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Item La subjetividad en la evaluación de criterios diferenciales en licitaciones(Universidad Santiago de Cali, 2025) Campo Obando, Karol Meliza; Ramírez Muñoz, Rafael AlbertoThis essay analyzes the subjectivity in the evaluation of differential criteria in public bidding processes in Colombia, especially when considering technical and experience aspects that could benefit specific bidders. Using a qualitative and documentary approach, various rulings from the Constitutional Court and the Council of State, as well as the regulations governing state contracting, are studied to highlight the risks that "custom-made specifications" pose to the principle of equality.This essay proposes a reflection on mechanisms to mitigate discretion in the preparation of tender documents and ensure effective competition, allowing active and direct participation for various private companies that include state tenders among their growth projects