The experience of pymes in the Chocó is a factor that impedes the contract of minor as long as the State and its process in the SECOP, conditions that are evident when it comes to other actors

Abstract

This article presents an analysis of the requirements demanded of SMEs for public procurement in the modality of minimum amount, being a process that incorporates mandatory aspects for its participants in Colombia. These procedures are contemplated in Law 80 of 1993, modified by Law 1150 of 2007, which introduces measures for efficiency and transparency in contracting with public resources. Thus, the experience requirement generates controversy and jurisprudential study due to its requirement, aspects verified from the deductive method, which took this enabling requirement as a continuous and irrevocable premise. Also, the effect of its requirement on the state contracting processes in Chocó/Chocó Police Department was verified. Although, if the study had been carried out in capital cities, it would not be effective because they have flexible and less complex markets than in this region with unique characteristics and specific challenges. Finally, it was determined that in communities with a varied economy where SMEs are located, experience is a qualification and authorization requirement, a role that, being unknown, does not allow participation. Data verified in SECOP II which, being an easy-to-use electronic platform, did not register SME proposals between 2019 and 2021 in the region.