Derecho · 2026
Responsabilidad patrimonial del Estado derivada de la subasta inversa : implicaciones jurídicas en el marco de la contratación pública
State liability, according to Article 90 of Colombian Political Constitution of 1991, imposes upon the State the obligation to provide reparation for unlawful damages attributable to the acts or omissions of public authorities. Within the field of public procurement, this mandate acquires particular significance not only during the contractual performance stage, but also in the pre-contractual phase, given the emergence of legitimate expectations and legally protected interests that arise prior to the execution of the contract and warrant judicial protection. The purpose of this article is to examine and explain State liability arising from the use of reverse auctions under the simplified selection modality, as conducted by entities subject to the General Public Procurement Statute. To this end, the study provides a conceptual framework on reverse auctions, State liability, and pre-contractual liability. It further analyzes the constituent elements of State liability and identifies the economic implications that may arise during the pre-contractual stage when a reverse auction is conducted, as well as their relationship with the State’s patrimonial liability. Finally, the article offers a set of reflections on the topic addressed and recommendations for the prevention and mitigation of unlawful damage for public entities during the pre-contractual stage of the reverse auction.