The main service offered by our foundation is an intervention procedure for corruption in public administration, which consists of a series of actions with results and deliverables clearly identified and on which measurement criteria can be established. The procedure to be followed by our team for the intervention to corruption within the public administration is the following:
Identification of cases: It is done through the tool provided by the Colombian State to guarantee publicity of the contractual processes of the entities of different order called SECOP, which allows access to the contractual documents, which after analyzing them in the framework of the different instruments detailed in the present proposal, allows identifying those that present inconsistencies in the points under study and allow to raise the legal controversy.
Submission of request for comments on the draft specifications: In order to initiate legal actions, it is previously required as a procedural requirement to claim before the state entity the violation of the right of equality and free economic competition from the principle of proportionality. In the event that the state entity modifies the specifications, the process to qualify the concurrence and the objective selection will be monitored. This will proceed to qualify as a successful case regarding the detention of the corrupt practice. The observation will cover all the bad practices that have been detected in the bidding processes: abusive enabling rules; financial statements that do not correspond to the project and the project budget; requests for experience in the minimum human resource with abusive and disproportionate rules; Public bidding deadlines are too short (Colombia Efficient Purchase recommends that a process be carried out within a period of 59 days counted from the publication of the call notice). Likewise, the related bidding processes developed by the same entity will be monitored. order to verify the correction of the bad practice. Otherwise, the observation will be presented again and then if the specifications are not corrected, then it will be demanded in popular action.
Relevant Judicial Action Structuring: The structuring of the pertinent judicial action (Acción Popular) is carried out by the professional linked to the organization, basing its analysis on the structured instruments for identification, and the legal requirements required by the Colombian legislation in force for the presentation. of legal actions.
Presentation of pertinent Judicial Action: The pertinent judicial action – Popular Action of Administrative Morality-, will be presented by the professional linked to the organization after analysis of the case and structuring of the claim, taking into account the processing requirements before the Judicial Power and the corresponding documentation of the study carried out. The lawsuit will cover all the bad practices that have been detected in the bidding processes: abusive enabling rules; financial statements that do not correspond to the project and the project budget; requests for experience in the minimum human resource with abusive and disproportionate rules; too short public tender deadlines (Colombia Compra eficiente recommends that a process be carried out within a period of 59 days counted from the publication of the call notice)
Follow-up of the case: It will be carried out through the follow-up of the case from its presentation, the interposition of resources that may take place, participation in hearings, and the corresponding monitoring of the process in all its instances with the purpose of participating actively in the discussions and agreement of the rules of transparency and morality proposed in the lawsuit with the Public Entity in charge of the contracting process object of discussion.
Legal Assistance: Under the judicial procedure developed in order to adjust the contracting process, the Foundation will participate actively in the adjustments made by the administration to its contractual processes whose adjustment order is issued by the constitutional judge, in order to ensure The approach of the rules of morality and transparency to the indicators of the instruments of analysis exposed in the present project.
Data consolidation: Through the Research Center attached to the Foundation, it is proposed to consolidate data resulting from the analyzes performed, the documentation obtained, the actions presented with their corresponding reasons for success or dismissal by the judicial authority. through periodical publications of investigative and management type.