Análisis de la garantía de seriedad de la oferta en los contratos estatales en el contexto jurídico contemporáneo de Colombia y Chile.

Abstract

The purpose of this research was to analyze the development and regulation of the bid bond in state contracts in the contemporary legal contexts of Colombia and Chile during the year 2024. For this purpose, a qualitative methodology was used based on a systematic documentary review that included laws, decrees, jurisprudence, doctrine and academic studies. The study identified that in Colombia it operates as an irremediable requirement of a sanctioning nature that seeks to protect the public administration against pre-contractual risks, although it faces challenges derived from red tape and corruption. In contrast, the Chilean system is characterized by a more flexible and inclusive approach, with adaptable instruments such as policies or bank slips, which promote the participation of SMEs and rely on digital platforms such as Chile Compra to ensure traceability and transparency. The results evidenced that, although both nations share principles such as transparency and contractual responsibility, Chilean practices offer mechanisms that could strengthen the Colombian system, especially in terms of administrative simplification, digitalization and equitable participation. It was concluded that a comparative approach allows the identification of opportunities for regulatory and operational improvements in public procurement, aimed at optimizing the management of the treasury and preventing acts of corruption.