Los medios personales de los operadores económicos y las posibilidades de valoración de los mismos en los procedimientos de licitación.
Within public tendering procedures, economic operators are given many references by which they can evaluate human resources (staff) which they will have at their disposal after being awarded public contracts (e.g. standing conditions and award criteria). In addition, the so-called commitment to dedi...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6901851 |
| Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 16, 2018, pags. 15-58 |
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| Summary: |
Within public tendering procedures, economic operators are given many references by which they can evaluate human resources (staff) which they will have at their disposal after being awarded public contracts (e.g. standing conditions and award criteria). In addition, the so-called commitment to dedicate personal means is also stated at public tendering procedures. Economic operators in this respect face two main issues on a daily basis; the qualification of such commitment as confidential and the potential conflict with labour legislation in the case of relying on the capacities of other entities. This paper intends to analyse the earlier legislation on which the most recent and important doctrines and caselaws are founded, and the current legislation which comes into force due to the fourth generation of public procurement Directives. This paper has been formulated from the bidder´s perspective, the forgotten party in this kind of analysis and for whom this is a main aspect to be considered in his daily business activity. It is hoped that this paper will help tenderers understand the importance of not only evaluating their human resources (staff) but also fulfilling their legal obligations |
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