PCM-127-2020

Every institution authorized by Executive Decree to conduct direct contracting for the response to an emergency shall, no later than (10) calendar days after publication of the Decree in the Official Gazette "La Gaceta", publish in its institutional portal, in the transparency and public information access portal, and on the internet site administered by the Normative Office of Contracting and Acquisitions (ONCAE), an Emergency Preparation and Response Plan.

The Emergency Preparation and Response Plan must contain the actions that the Institution will undertake, before, during, and after the emergency to mitigate its consequences.

The contracts to be executed under an emergency declaration shall be only those whose contractual purpose is found within the needs and projects identified in accordance with Article 1 of this Decree.

In order to ensure expedited management of direct contracting processes during an emergency period, the State Secretary of the Offices of Risk Management and National Contingencies, the State Secretary of the Office of Health, the State Secretary of the Office of Development and Social Inclusion, and the State Secretary of the Offices of Economic Development are instructed to, no later than ten (10) business days after the entry into force of this Decree, create and maintain an updated list of suppliers of goods and services, identified in the national and international market, that can supply the products or meet the service requirements that, within the scope of their competence, they commonly contract to address an emergency situation. For the same purpose, Strategic Investment of Honduras (INVEST-H), the State Secretary of the Office of Infrastructure and Public Services (INSEP), and the State Secretary of the Offices of Community Development, Water and Sanitation (SEDECOAS) are instructed to, no later than ten (10) business days after the entry into force of this Decree, based on the pre-qualifications available in the institution, create and maintain an updated list of qualified companies to perform works, cleanings, debris removal, repairs, etc., that are commonly contracted in an emergency situation. The identification of the type of contracts that may be awarded to the company must comply with the same qualification or classification obtained in the pre-qualification process that originates it.

The lists referred to in Article 4 must contain the name of the natural or legal person, name of the legal representative, national tax registration, address of domicile, telephone, email, and area of activity; specifically, in the list for public works contractors, in addition to the data established in the preceding paragraph, the qualification or classification of the natural or legal person shall be added according to the pre-qualification in which it was selected. Within the period established in the preceding Article, the authorized institutions must publish the lists on the institution's website. Once the list is published, the address where the list has been published must be communicated to the State Secretary of the Office of Transparency regarding compliance with this provision; they must also inform the Commissioner of SINAGER who will provide subsequent approval and may request, prior to approval, changes to the institution, if he deems it appropriate.

For the purpose of supporting the efficient management of other institutions, which in similar processes do not have sufficient information on suppliers or contractors to conduct rapid and efficient contracting, the General Secretariat of Coordination of Government (SCGG) is instructed to, through the Normative Office of State Contracting and Acquisitions (ONCAE), enable a micro-site in the national contracting system "Honducompras", in which the lists of suppliers created pursuant to Article 4 shall be disseminated.

Pursuant to Articles 35 of the State Contracting Law and 68, 75 of the Regulation, the registration of contracts and their execution must be conducted electronically in the "Honducompras" system; the Administrative Management or the Project Administering Unit shall be responsible for compliance with this provision. Accordingly, the State Secretary of the Office of General Coordination of Government is instructed to, through the Normative Office of State Contracting and Acquisitions (ONCAE), proceed to communicate monthly to the State Secretary of the Office of Transparency and to the Institute of Access to Public Information, the compliance with the Law by the Institutions authorized to contract based on an Emergency.

Article 137 of the State Contracting Law obligates the contracting authority to sanction the non-compliance with any of the obligations of the contractors, which are indicated in Articles 139 and 140 of the same norm. It is the responsibility of the contracting authority to communicate to ONCAE the information of the suppliers and contractors that have been sanctioned, so that it may proceed with their annotation in the Register of State Suppliers and Contractors. In those cases in which the non-compliance with the obligation to sanction and inform by a contracting authority prevents another Institution from knowing about suppliers that are in circumstances disqualifying them from contracting with the Administration or of suspension in the Register of State Suppliers and Contractors; the sanction and corresponding responsibility shall fall on the Administrative Management or the Project Executing Units that failed in their duty to report.

All institutions of the Executive Branch that conduct direct contracting for meeting needs arising from an emergency must mandatorily observe the "Single Guide for Direct Contracting Due to Emergency Situations Based on the State Contracting Law", which has been issued by the General Secretariat of Coordination of Government (SCGG) through the Normative Office of State Contracting and Acquisitions (ONCAE), which must be updated periodically.

This Executive Decree enters into force on the day of its publication in the Official Gazette "La Gaceta". Given at Presidential House, in the city of Tegucigalpa, municipality of the Central District, on the tenth (10) day of the month of December of the year two thousand twenty (2020). COMMUNICATE AND PUBLISH JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC CARLOS ALBERTO MADERO ERAZO STATE SECRETARY OF THE OFFICE OF GENERAL COORDINATION OF GOVERNMENT EBAL JAIR DÍAZ LUPIAN STATE SECRETARY OF THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA STATE SECRETARY OF THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION LISANDRO ROSALES BANEGAS STATE SECRETARY OF THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION ZOILA PATRICIA CRUZ CERRATO STATE SECRETARY OF THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION MARÍA ANTONIA RIVERA STATE SECRETARY OF THE OFFICE OF ECONOMIC DEVELOPMENT JULIAN PACHECO TINOCO STATE SECRETARY OF THE OFFICE OF NATIONAL SECURITY FREDY SANTIAGO DIAZ ZELAYA STATE SECRETARY OF THE OFFICE OF NATIONAL DEFENSE ALBA CONSUELO FLORES STATE SECRETARY OF THE OFFICE OF HEALTH ARNALDO BUESO HERNÁNDEZ STATE SECRETARY OF THE OFFICE OF EDUCATION OLVIN ANIBAL VILLALOBOS VELÁSQUEZ STATE SECRETARY OF THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO STATE SECRETARY OF THE OFFICES OF AGRICULTURE AND LIVESTOCK ELVIS YOVANNI RODAS FLORES STATE SECRETARY OF THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT MARCO ANTONIO MIDENCE MILLA STATE SECRETARY OF THE OFFICE OF FINANCE KARLA EUGENIA CUEVA AGUILAR STATE SECRETARY OF THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH STATE SECRETARY OF THE OFFICE OF ENERGY NICOLE MARRDER AGUILAR STATE SECRETARY OF THE OFFICE OF TOURISM NELSON JAVIER MARQUEZ EUCEDA STATE SECRETARY OF THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS) MAX ALEJANDRO GONZALES SABILLON STATE SECRETARY OF THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MARIA ANDREA MATAMOROS STATE SECRETARY OF THE OFFICE OF TRANSPARENCY