The Discretional Authority in Terms and Conditions. An Excessive Source of Administrative Power?
Public law attorney María Alejandra Gómez wrote an article for Lexir explaining terms and conditions that are used in public contracting processes in Colombia. Ms. Gómez points out that terms and conditions have minimum requirements established in Article 24.5 of Law 80 of 1993, and that entities can adjust the criteria for the contract to fit the situation. What an entity cannot do is generate causes for rejection that derive from a discrimination or limitation not established in the law. In this article, the author analyzes what the lawful causes for rejection are and how companies can determine whether they are permissible.