La incorporación de criterios diferenciales en los procesos de selección para la contratación estatal en Colombia: análisis jurídico de las medidas de fomento para empresas de mujeres

Abstract

Public procurement in Colombia is regulated by the General Statute of Public Procurement, which compiles provisions ranging from basic principles to specific regulations adapted to the Colombian context and to the need to regulate various aspects. Amid the Covid-19 pandemic, which has affected nearly 9.6% of the world’s population and in which at least 43.9% of people have been infected at least once, according to data from the University of Minnesota, the country has partially overcome the health crisis and faces multiple challenges in the economic, political, labor, social, and other spheres. This study focuses on the social and labor-related issues that motivated the implementation of public policies aimed at promoting emotional and professional well-being, as well as women’s participation in public procurement. Therefore, it seeks to analyze, from a legal, contractual, and economic perspective, how the implementation of the differential criterion for women-owned enterprises and companies in Colombia has affected bidders seeking to contract with the State over the past four years, a period during which Law 2069 of 2020, Decree 1860 of 2021, and other related regulations have been in force. The analysis evaluates its impact on the economy, the social sphere, and women’s participation in the country’s public procurement system.