The Sanctioning Procedure in Public Procurement: Strategic Application, Legal Guarantees, and Regulatory Evolution

Abstract

This article examines the sanctioning procedure applicable in Colombian public procurement, focusing on the declaration of contractual non-compliance and its legal consequences. It analyzes the principles of due process, the right to defense, and the guarantee of contradiction that state entities must observe when exercising their sanctioning power. Likewise, the specific stages of the administrative process are studied, including the formulation of charges, the hearing for submissions in defense, and the assessment of evidence provided by the parties. The article highlights the importance of the effective participation of the contractor and the guarantor in non-compliance hearings, as a manifestation of respect for fundamental guarantees in administrative procedures. Finally, recommendations are presented for contractual operators to strengthen legality and transparency in the exercise of these competencies, thus ensuring administrative action that respects the legal framework and the rights of contractors.