ICTSI appeal triggers tender review

The CGR announced on 12 May that the appeals had been accepted for processing and granted both the Costa Rican Pacific Ports Institute (INCOP) and the awarded bidder five business days to respond to the allegations and provide supporting evidence.

“The appeals filed are hereby admitted for processing,” the oversight body stated, adding that all parties involved would have the opportunity to submit written responses and relevant documentation.

ICTSI, which was excluded from the tender process in February, welcomed the decision. “We welcome the CGR’s decision as a first step toward correcting a process plagued by irregularities and lack of transparency,” said Bart Wiersum, director of business development, Americas at ICTSI.

The company alleges that INCOP improperly changed the methodology used to calculate the debt-to-equity ratio during the evaluation process without technical justification. According to ICTSI, its financial ratio shifted from a compliant 1.33 to a non-compliant 2.16 despite no changes to the submitted financial data.

The exclusion left the Sunset Consortium, formed by APM Terminals and HGT Inversiones Costa Rica, as the sole remaining bidder before ultimately securing the contract.

ICTSI also raised concerns over transparency in the consortium’s financial documentation, claiming much of the information was illegible in official records, making independent verification impossible.

Separate allegations submitted to the CGR question the technical viability of Sunset’s proposed dock configuration and suggest possible anti-competitive practices linked to the consortium’s formation.

Attorney Víctor Mora said the CGR is expected to issue a ruling within 40 business days, with a possible 15-day extension.