PCM-11-2023

This decree creates an Intervention Commission to take control of the 911 System following problems with a contract deemed illegal. The Commission will have authority to audit, reorganize the system, void the problematic contract, and directly hire necessary services to restore the 911 system's operation as a public safety and national security service.

Whereas the Constitution of the Republic establishes that the holder of the Executive Power exercises it in representation and for the benefit of the people through the President of the Republic, and it is her responsibility to direct the General Policy of the State and represent it, as well as to issue agreements and decrees in accordance with Law (articles 235 and 245, numerals 2) and 11)).

Whereas the General Law of Public Administration provides that the President of the Republic is responsible for the supreme direction and coordination of the Centralized and Decentralized Public Administration, and in the exercise of her functions may act on her own or in Council of Ministers (article 11).

Whereas by means of Legislative Decree No. 58-2015 published in the Official Gazette "La Gaceta" on September 7, 2015, edition 3,828, the National Emergency System nine, one, one (911) was created as a public service and national security service, under the hierarchical coordination of the National Council of Defense and Security.

Whereas by means of Legislative Decree No. 49-2021 published in the Official Gazette "La Gaceta" on August 2, 2021, edition 35,675, the National Directorate of the National Emergency System nine, one, one (911) was assigned to the State Secretariat in the Office of the Presidency (article 1).

Whereas one month after the aforementioned assignment of the National Directorate of the National Emergency System nine, one, one (911) to the State Secretariat of the Presidency, by means of Legislative Decree 73-2021 published in the Official Gazette "La Gaceta" on September 10, 2021, edition 35,714, the National Emergency System nine, one, one (911) was authorized to enter into a direct contracting arrangement outside market costs with the Commercial Corporation Dynamic Corporation, S.A. de C.V., for an amount of ONE HUNDRED FIFTY-FOUR MILLION FOUR HUNDRED FORTY-NINE THOUSAND THREE HUNDRED SEVENTY-FIVE DOLLARS WITH THIRTY-SIX CENTS (US$154,449,375.36), for a period of seven (7) years and five (5) months (September 1, 2021 through December 31, 2028), the foregoing through a process that disregards the provisions established in the State Contracting Law (article 63).

Whereas the aforementioned Legislative Decree establishes that the contract shall be financed with resources from the Population Security Fee, or failing that with funds from the national budget or transfers by credits or donations, exempting the payment of tariff rights for the importation of merchandise and the payment of sales taxes. The foregoing, in contravention of what is established in the State Contracting Law, which provides that the budget allocation must be included in the contracting file, and that contracts lacking such allocation at the time of execution shall be null (article 27).

Whereas in an irregular manner and in disregard of constitutional norms, it was established that the direct contracting of the Contract with the Commercial Corporation Dynamic Corporation, S.A. de C.V. that exceeded two government periods would not require further approval or authorization of legislative nature, since its execution, validity, duration and implementation would be authorized by operation of law through the Decree. The foregoing, in violation of what is established in the Constitution of the Republic, which provides that it is the responsibility of the National Congress to approve or disapprove contracts that are to produce or extend their effects to the following government period of the Republic (article 205, numeral 19).

Whereas, given that said contract contained several defects of nullity and was harmful to the public interest, an exhaustive review of the case was ordered, and proposals were made without success and on repeated occasions to the Commercial Corporation Dynamic Corporation, S.A. de C.V. to proceed to legalize the provision of the public service and national security. Faced with the Corporation's refusal to reach a legal agreement with the State of Honduras and the Company's demand to enforce a contract that is clearly illegal and harmful, the service was suspended by the Company on the night of August 31, 2022, leaving the National Emergency System nine, one, one (911) completely without communications.

Whereas, in light of the suspension of video surveillance services and suspension of calls, the National Emergency System nine, one, one (911) finds itself in a situation of grave calamity, putting at risk the general interests of society and national security.

Whereas the General Law of Public Administration establishes that the Executive Power may intervene totally or partially in all entities, organs or units of Public Administration that operate at a loss, do not fulfill their functions or do not adequately provide the services for which they were created. Should intervention proceed, it shall be in charge of an Intervention Commission that shall be responsible for the administration of the intervened entity, organ or unit and shall conduct an evaluation thereof, with the Advice of the Superior Court of Accounts; said Intervention Commission shall have the powers corresponding to the administrators thereof, exercising their legal representation and shall have the necessary powers to establish appropriate recommendations that allow the Powers of the State to take pertinent and timely actions within the scope of their constitutional attributions (articles 98, 99 and 100).

Whereas the State Contracting Law establishes that direct contracting may be carried out when it involves the acquisition of spare parts and other specialized goods and services whose manufacturing or sale is exclusive to those holding a registered patent or trademark, as well as when it involves specialized scientific or technical work (article 63, numerals 2 and 6). In this sense, the National Emergency System nine, one, one (911), given the abrupt suspension of the service and for reasons of public interest and national security, requires conducting a direct contracting process for specialized goods and services that are necessary to restore the system immediately, adequate to existing facilities and equipment, which requires specific characteristics, brands and knowledge.

Whereas for the performance of the tasks corresponding to the objective of this Decree, it is necessary to appoint suitable persons of recognized integrity, civic virtue, professionalism and competence in the performance of their functions, called upon to form an Intervention Commission that shall act under the principles of transparency, efficiency and rationality.