PCM-064-2021
Congreso Nacional
- Decree: PCM-064-2021
- Published: July 12, 2021
- Issuing body: Congreso Nacional
- Gazette: 35,654
- Category: Administrative
Summary
This decree authorizes the Ministry of Education to purchase 7,500 tablets and computers for 30 million lempiras using emergency funds, so that 27,000 basic and secondary education students in prioritized municipalities can access virtual education during the COVID-19 pandemic and the tropical storm emergency.
Considerations
Whereas, in accordance with Article 245, numerals 2, 11, 28, and 45 of the Constitution of the Republic, the President of the Republic is responsible for the General Administration of the State, and among other duties, directing the General Policy of the State and representing it; issuing Agreements, Decrees, promulgating Regulations and Resolutions in accordance with the Law; organizing, directing, guiding and promoting public education, eradicating illiteracy, disseminating and improving technical education, and the other duties conferred upon the President by the Constitution and the Laws.
Whereas, in accordance with Article 11 of the General Law of Public Administration, the President of the Republic holds supreme direction and coordination of the Centralized and Decentralized Public Administration. The President of the Republic, in the exercise of their functions, may act independently or in Cabinet Council.
Whereas, Executive Decree Number PCM-146-2020, published in the Official Journal "La Gaceta" on December 29, 2020, extends the validity of the Declaration of State of Humanitarian and Sanitary Emergency at the national level due to the spread of COVID-19, until December thirty-one (31) of the year two thousand twenty-one (2021), which was declared through Executive Decree Number PCM-005-2020 and its amendments.
Whereas, Executive Decree Number PCM-147-2020, published in the Official Journal "La Gaceta" on December 29, 2020, extends the validity of the Declaration of State of Emergency due to the effects of heavy rains caused by tropical storms "Eta" and "Iota", until December thirty-one (31) of the year two thousand twenty-one (2021), which was declared through Executive Decree Number PCM-109-2020, amended by Executive Decrees Numbers: PCM-112-2020, PCM-115-2020, and PCM-116-2020.
Whereas, in the initiatives promoted by the Government of Honduras in response to the emergencies declared due to the effects of the COVID-19 pandemic, as well as the tropical storms "Eta" and "Iota", the expansion of virtual education modality in the National Educational System is included as a strategy aimed at ensuring the continuity of student learning in the academic year 2021, for which reason it is essential that students have, as quickly as possible, the necessary technological equipment and tools for access to different platforms, content and materials framed within Information and Communications Technologies (ICT).
Whereas, in accordance with Article 24-B of Legislative Decree No. 325-2013, published in the Official Journal "La Gaceta" on March 7, 2014, the National Congress of the Republic approved the creation of the "Investment Fund for Telecommunications and Information and Communications Technologies (FITT)", whose objective is to finance plans, programs and projects to facilitate universal access for all inhabitants of the national territory to Information and Communications Technologies.
Whereas, in accordance with Legislative Decree No. 369-2013 published in the Official Journal "La Gaceta" on March 22, 2014, the National Congress approved the Trust Agreement for the development and operation of the "Investment Fund for Telecommunications and Information and Communications Technologies", between the Commission for the Promotion of Public-Private Partnership (COALIANZA), the National Commission of Telecommunications (CONATEL), and the Mercantile Company called Banco Atlántida, S.A.
Whereas, the State Contracting Law, in Article 63, numeral 1), establishes that Direct Contracting may be carried out when its purpose is to provide for needs occasioned by an emergency situation in accordance with Article 9 of said Law.
Whereas, Honduras has ratified the International Covenant on Economic, Social and Cultural Rights, an instrument which in Article 13 establishes "The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity and shall strengthen respect for human rights and fundamental freedoms" and likewise, Resolution 1/2020 Pandemic and Human Rights in the Americas of the Inter-American Commission on Human Rights, recommended to the States "With regard to the right to education, States must put in place mechanisms that allow children and adolescents to continue their access to education and with the stimuli that their age and level of development require (...). Ensure that girls and boys with any type of disability can access online education without exclusions, through support systems, communication strategies and accessible content".
Articles
In consideration of the Declaration of Humanitarian and Health Emergency issued by the President of the Republic in Council of State Secretaries through Executive Decree Number PCM-005-2020 and its amendments, as well as the Declaration of Emergency for the effects of Tropical Storms "Eta" and "Iota", approved through Executive Decree Number PCM-109-2020 and its amendments; and in compliance with the provisions of Articles 9 and 63 numeral 1) and final paragraph of the State Procurement Law, the Ministry of State in the Office of Education is authorized to use the goods acquisition procedure that such emergency warrants so that during the year 2021, with resources contributed by the Trust Fund for Investment in Telecommunications and Information and Communications Technologies (FITT), for the sum of THIRTY MILLION LEMPIRAS EXACT (L. 30,000,000.00), it shall purchase SEVEN THOUSAND FIVE HUNDRED (7,500) Tablets and Computers, benefiting approximately TWENTY-SEVEN THOUSAND (27,000) students of basic and secondary educational levels, residing in between 80 and 100 municipalities prioritized by the Ministry of State in the Office of Education, according to the level of access identified, within the framework of the COVID-19 pandemic.
Authorize the Technical Committee of the Trust Fund for Investment in Telecommunications and Information and Communications Technologies (FITT), to approve the allocation of resources indicated in Article 1 of this Decree in favor of the Ministry of State in the Office of Education, so that the Ministry of State in the Office of Education invests such funds in accordance with the provisions of this regulatory framework.
The resources transferred by the Technical Committee of the Trust Fund for Investment in Telecommunications and Information and Communications Technologies (FITT), to the Ministry of State in the Office of Education, must be liquidated by said Ministry in accordance with the regulations established by the referred Technical Committee, observing the criteria of Transparency and accountability.
The Ministry of State in the Office of Education is empowered to, in coordination with the Ministry of State in the Office of Finance, identify additional resources from other sources of financing, for the expansion of the goal of students to benefit from the delivery of Tablets or Computers, carrying out purchases thereof using the same acquisition mechanism authorized through this Decree as long as the declarations of emergency for the COVID-19 pandemic and for the effects of tropical storms "Eta" and "Iota" remain in effect.
The procedure carried out by the Ministry of State in the Office of Education for the direct contracting resulting from this Decree must be published on the "HonduCompras" Portal.
The contracts that are executed by the Ministry of State in the Office of Education as a result of this Decree shall require subsequent approval by Agreement of the President of the Republic issued by said Ministry of State.
This Executive Decree shall enter into force as of the day of its publication in the Official Gazette of the Republic "La Gaceta" Given at Presidential House in the city of Tegucigalpa, municipality of the Central District, on the fourteenth (14) day of the month of June in the year two thousand twenty-one (2021). BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC CARLOS ALBERTO MADERO ERAZO STATE SECRETARY IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION ABRAHAM ALVARENGA URBINA STATE SECRETARY IN THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION LISANDRO ROSALES BANEGAS STATE SECRETARY IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION ZOILA PATRICIA CRUZ CERRATO STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION MARÍA ANTONIA RIVERA STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO TINOCO STATE SECRETARY IN THE OFFICE OF NATIONAL SECURITY FREDY SANTIAGO DÍAZ ZELAYA STATE SECRETARY IN THE OFFICE OF NATIONAL DEFENSE ALBA CONSUELO FLORES STATE SECRETARY IN THE OFFICE OF HEALTH ARNALDO BUESO HERNÁNDEZ STATE SECRETARY IN THE OFFICE OF EDUCATION OLVIN ANIBAL VILLALOBOS VELÁSQUEZ STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK LILIAM LIZETH RIVERA STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT LUIS FERNANDO MATA ECHEVERRI STATE SECRETARY IN THE OFFICE OF FINANCE IRIS ROSALIA CRUZ PINEDA STATE SECRETARY IN THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH STATE SECRETARY IN THE OFFICE OF ENERGY NICOLE MARRDER AGUILAR STATE SECRETARY IN THE OFFICE OF TOURISM RUBÉN DARIO ESPINOZA OLIVERA STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS) MÁX ALEJANDRO GONZALES SABILLON STATE SECRETARY IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MARIA ANDREA MATAMOROS STATE SECRETARY IN THE OFFICE OF TRANSPARENCY
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