Vol. 9 No. 19 (2011), Articles
Vol. 9 No. 19 (2011)

Arbitrariness of Contractor Selection Criteria in the Bidding Processes. The Proportionality Principle as Protection Against Arbitrariness

Articles
Published 2011-10-15
Juan Diego Martínez García
Leal Angarita & Asociados, Abogados, Bogotá, Colombia.
Antonio Leal Holguín
Leal Angarita & Asociados, Abogados, Bogotá, Colombia.
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Keywords

Proportionality
arbitrariness
balancing
economic analysis of law

How to Cite

Arbitrariness of Contractor Selection Criteria in the Bidding Processes. The Proportionality Principle as Protection Against Arbitrariness. (2011). International Law: Revista Colombiana De Derecho Internacional, 9(19), 223-268. https://revistas.javeriana.edu.co/index.php/internationallaw/article/view/13739
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Abstract

This paper seeks to demonstrate that, when a public entity determines the requirements of a public bidding process, it affects the freedom of bidders and the efficient destination of public funds. Therefore, the determination of such requirements, in order to be legitimate and efficient, must be proportional. As shown in this paper, the proportionality principle, a general notion about the relation between means and ends, applies to the determination of require- ments in public bidding process. Furthermore, this paper seeks to explore the way in which this principle can be applied. 

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