Resumen

Through this work, a detailed analysis of the different legal mechanisms available to state entities that are regulated by the General Statute of Public Procurement is developed, if once the acceptance of the offer has been communicated in the processes carried out under the modality of selection of minimum amount, one of the causes of direct revocation established in article 93 of Law 1437 of 2011 is presented, or when an inability or incompatibility occurs, or if it is shown that the act was obtained by illegal means as a possibility of revocation authorized by article 9 of Law 1150 of 2007. Taking into account the above outlined, the feasibility of directly revoking the acceptance of the offer will be analyzed from the administrative perspective, or, on the contrary, from the contractual level, since the offer together with the acceptance constitutes the contract, the alternative to resort to the unilateral termination under the jurisdiction granted by article 45 in correspondence with article 44 Law 80 of 1993, or, failing that as a last resort, appeal to the contract judge in search of a judicial declaration of its nullity absolute.