El Efecto del traspaso de experiencia entre sociedades por operaciones de reestructuración estatutaria en procesos de selección de contratistas del estado

Nowadays the only provision in the state contracting regulation, that allows the transfer of experience between companies, is the Decree 1082/2015, which allows companies that have less than three (3) years of constitution, to present as own the experience of their shareholders or constituent. Nevertheless, these conditions exclude many scenarios that are common in merge and acquisition operations.Therefore the debate about the possibility of transferring experience between companies that have gone through these processes and that are excluded from the regulations, hasn´t been pacific and there has had contrary doctrines. On one hand, "Colombia Compra Eficiente" has stated that experience is personal and therefore non-transferable. On the other hand, the "Superintendencia de Sociedades" has supported the opposite, stating that nothing prohibits the transfer of experience, and that actually, the transfer of experience is a mandatory effect according to the nature of the operations.