Los pliegos de condiciones tipo: entre los eslabones de la autonomía de la voluntad contractual

It has been a few years since the enactment of Law 1882 of 2018 and other regulatory documents that formalized the adoption, within the Colombian legal system, of what has been coined under the epigraph “standard contract specifications”. In regulatory terms, these are defined as documents containing mandatory parameters for state entities subject to the General Procurement Statute of the Public Administration, which conduct competitive selection processes, particularly for entering into public works contracts and transport infrastructure consultancy agreements. In this context, the present study aims to explore this legal institution and how it has impacted the substantive and internal activities of the Administration in the contracting process. This analysis will subsequently allow for an assessment of the extent to which these standard contract specifications affect the Administration’s autonomy in establishing the conditions of time, manner, and place of the future state contract