Régimen jurídico de las cláusulas de igualdad de género en la contratación pública

Identifier:  TDX:4485

Handle: https://hdl.handle.net/20.500.11797/TDX4485

Authors:  Méndez Núñez, María Isabel

Abstract:
Within the framework of strategic public procurement, the possibility of instrumentalizing public contracts to achieve social policy objectives has been developing. Likewise, the transversal nature of the gender perspective has filled in all areas of administrative work, including public procurement. Both perspectives create an adequate space for the inclusion of gender equality clauses in public contracts that must be taken advantage of by contracting authorities to contribute, through them, to the achievement of the objectives of policies about equality between women and men. In this work, the legal regime of these clauses in Spanish law is reviewed. To do this, we start from the legal and doctrinal foundations of both visions to analyze the possibilities and limits of equality clauses at each moment of the public procurement process. Firstly, in the file preparation phase, attention is focused on planning and gender considerations that can be introduced into the object of the contract and its technical requirements. Secondly, during the bidding procedure, gender clauses are studied when they function as prohibitions on hiring, selection, award or tiebreaking criteria, as well as the abnormally low tenders procedure. Finally, in the contractual execution stage, possible special execution conditions regarding gender issues and the monitoring and evaluation of contracts that respond to an equality strategy are examined