Decree 61-2021
Congreso Nacional
- Decree: 61-2021
- Published: August 10, 2021
- Issuing body: Congreso Nacional
- Gazette: 35,683
- Category: Constitutional
Summary
This decree authorizes the National Electoral Council to contract directly or through special processes (without normal bidding) the technological systems and supplies needed for the 2021 elections, including the fingerprint system and results transmission system. This allows speeding up purchases due to the short time available after the new electoral law took effect.
Considerations
Whereas Article 360 of the Constitution of the Republic provides that all state contracting must be subject to bidding or competitive processes, with the exception of "Contracts whose purpose is to provide for the needs caused by a State of Emergency", and this exception is developed by the State Contracting Law which regulates the direct contracting modality.
Whereas the National Electoral Council (CNE) was created with the purpose of guaranteeing the exercise of the political rights of citizens to elect and be elected in clean and transparent elections, which it must organize, direct, administer, and supervise.
Whereas the new Electoral Law of Honduras came into force on May 26, 2021, with only six (6) months remaining before the holding of the General Elections, a fact that makes it difficult to carry out the procurement and acquisition processes following the procedures provided by the State Contracting Law and its regulations, especially the acquisition of technology equipment, due to the immediacy of the timelines.
Whereas Article 278 of Decree No. 35-2021 dated May 25, 2021, published on May 26, 2021, in the Official Journal "La Gaceta", in Edition No. 35,610, containing the Electoral Law of Honduras, orders the National Electoral Council (CNE) to have awarded the Preliminary Results Transmission and Dissemination System (TREP) four (4) months before the holding of the general elections, a deadline that is fulfilled on July 27, 2021.
Whereas given the recent approval of the Electoral Law of Honduras, to guarantee the holding of the 2021 General Elections, it is opportune to approve an extraordinary and temporary mechanism that enables the National Electoral Council (CNE) to contract, under a special process or directly, the Preliminary Results Transmission and Dissemination System (TREP) that will be used in the General Elections to be held in November 2021, as well as for matters related to the acquisition of supplies, goods and services, execution of works, rental of goods, and provision of consulting services that are necessary for the development of said electoral process, whose contracting modality according to the amount shall be subject to a Bidding or Competitive Process.
Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is within the authority of the National Congress to: Create, decree, interpret, reform, and repeal laws.
Articles
AUTHORIZATION OF SPECIAL PROCEDURE OR DIRECT CONTRACTING. Authorize the National Electoral Council (CNE) to contract, with all its requirements and under a special process or direct contracting, the acquisition of the digital fingerprint verification system and the System for Transmission and Dissemination of Preliminary Electoral Results (TREP) for its implementation in the General Elections of the year 2021 with all its components, as well as the supplies, goods and services, execution of works, rental of goods and provision of consulting services that may be necessary for the effective development of said electoral proceedings, and whose contracting modality, according to the amount, shall be by tender or public bidding.
PROCEDURE. In the development of contracting under the special procedure authorized in the preceding Article, the National Electoral Council (CNE) must apply the following procedure:
- 1)
Establish terms of reference or conditions of contract;
- 2)
Publish on the electronic website of the National Electoral Council (CNE), the catalog of electoral requirements and publicly invite national and international suppliers when required. Likewise, publish it through the State Information System for Contracting and Acquisitions of Honduras "HonduCompras", administered by the Normative Office for State Contracting and Acquisitions (ONCAE);
- 3)
Receive the bids through the corresponding administrative department, in sealed envelopes and in public form, and issue a Record after their opening and receipt; the analysis and evaluation of the bids must be carried out by the Evaluation Committee appointed by the Plenary of Proprietary Counselors, which shall be composed of an odd number of members, who shall issue the Adjudication Recommendation Report;
- 4)
The Plenary of Proprietary Counselors shall award according to the Report of the Evaluation Committee, and the President Counselor in his capacity as legal representative shall sign the contracts in favor of those who present the best conditions regarding price and requirements established in the terms of reference or conditions of contract; and,
- 5)
The National Electoral Council (CNE) must submit to the Superior Court of Accounts (TSC), all contracts it enters into under the special process or direct contracting modality for purposes of audit. When the special process referred to in the preceding paragraph is declared void or failed, the corresponding administrative department shall proceed immediately to effect a direct purchase for which it must have a minimum of three invitations. In cases not provided for in the preceding paragraphs, the Law on State Contracting shall apply as a supplementary matter.
MINOR ACQUISITIONS. The minor acquisition processes, which comprise amounts from ZERO POINT ZERO ONE CENT OF LEMPIRA TO SIX HUNDRED THOUSAND LEMPIRAS (L.0.01 TO L.600,000.00), shall be executed in accordance with what is established in Article 71 of the Budget Execution Standards of the General Budget of Income and Expenditures of the Republic, Fiscal Year 2021, contained in Decree No. 182-2020, amended by Decree No. 18-2021, dated April 29, 2021, published in the Official Gazette "La Gaceta" dated April 30, 2021, in its Edition No. 35,587.
This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session held by the National Congress in Virtual manner, on the Fifth day of the month of August of two thousand twenty-one. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., August 10, 2021. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION HÉCTOR LEONEL AYALA ALVARENGA
Related laws
- Executive Decree PCM-084-2021 by which the measures restricting fundamental rights are extended — This decree extends restrictions on constitutional rights (freedom of movement, assembly, expression, and education) for 7 days to contain COVID-19 in Honduras. It affects all citizens by limiting their movement and activities, with the purpose of protecting public health during the pandemic. (Decree 266-2013, 2021)
- Decreto Legislativo No. 61-2021 — Autorización de procedimiento especial o contratación directa para el Consejo Nacional Electoral (Decree 61-2021, 2021)
- Decreto Legislativo No. 129-2021 — Reforma artículos del Decreto No. 100-2017 relativos al Bono Compensatorio Excepcional de transporte — This law reforms the compensatory bonus system for urban public transportation companies in the Central District that provided service between 2012 and 2016. It simplifies requirements for them to receive pending payments, expands the allocated budget, and establishes a more flexible procedure for resolving disputes about who is entitled to the bonus. (Decree 129-2021, 2022)
- Decreto Legislativo No. 78-2021 — Ley Extraordinaria y Temporal para el Reordenamiento Documental del Transporte Terrestre Público de Personas y Carga — This law allows the Honduran Institute of Land Transportation to simplify and renew operating documents for public transportation companies that could not comply with requirements due to the COVID-19 pandemic. It authorizes renewing permits with older vehicles, accepting pending applications, and postponing feasibility studies, offering temporary relief for two years to affected operators. (Decree 78-2021, 2022)
- Decree 78-2021 — This temporary law facilitates the renewal of public land transport permits and certificates in Honduras, allowing operators to renew with the same vehicles without meeting age requirements, as an extraordinary measure due to the COVID-19 crisis. It also authorizes the payment of a compensation bonus to urban bus operators in the Central District using unspent budget funds. (Decree 78-2021, 2021)