ICTSI Challenge Puts Costa Rica’s Puerto Caldera Award Under Fresh Scrutiny

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The Office of the Comptroller General of Costa Rica has admitted an appeal by International Container Terminal Services, Inc. against the award of the Puerto Caldera terminal concession, reopening scrutiny of a process that could reshape one of Central America’s key Pacific gateway projects.

The decision, issued on May 12, gives Costa Rica’s Pacific Ports Institute, known as INCOP, and the winning Sunset Consortium five business days to respond to allegations raised by ICTSI regarding transparency, financial evaluation criteria, and possible competition law concerns tied to the tender.

The dispute matters for regional container and project cargo operators because Puerto Caldera handles the majority of Costa Rica’s Pacific trade flows, including containerized agricultural exports, industrial cargo, and breakbulk shipments linked to infrastructure and energy projects. Any prolonged legal challenge could delay planned terminal modernization works aimed at improving berth productivity and vessel handling capacity on the Pacific coast.

International Container Terminal Services, Inc. said it had been excluded from the tender on February 18 after INCOP determined the company exceeded the maximum debt to equity ratio permitted under the bid rules.

According to ICTSI, INCOP had confirmed one week earlier that the company met the requirement before later revising the calculation methodology. ICTSI said the adjustment shifted its ratio from 1.33, which complied with the tender rules, to 2.16, which disqualified the company.

The appeal also alleges that the methodology change lacked documented technical justification.

Bart Wiersum, Director of Business Development, Americas at ICTSI, said the Comptroller General’s decision represented “a first step toward correcting a process plagued by irregularities and lack of transparency.”

The challenge left the Sunset Consortium, formed by APM Terminals B.V. and HGT Inversiones Costa Rica S.A., as the sole remaining bidder before ultimately securing the contract award.

ICTSI further alleged that more than 60% of the consortium’s financial information contained in the case file was illegible, making independent verification difficult. The allegation was also raised publicly by former Costa Rican congressman Eli Feinzaig.

The appeal also questions the technical design submitted by the Sunset Consortium.

According to ICTSI, independent port engineering specialists identified possible shortcomings in dock configuration and berth operations. The company said the proposed design may not comply with international safety standards required for simultaneous vessel operations under the concession terms.

ICTSI also claimed that weather and wave conditions could reduce actual berth availability below levels indicated in the consortium’s proposal, potentially affecting service reliability and vessel turnaround times.

For shipping lines and cargo owners, berth productivity and weather resilience are critical issues at Pacific terminals where congestion and operational delays can quickly affect regional supply chains, particularly for time sensitive agricultural exports and heavy project cargo.

The appeal additionally raises possible anti-competitive concerns related to the formation of the Sunset Consortium.

ICTSI argued that the partnership between two companies capable of bidding independently could constitute an “absolute monopolistic practice” under Costa Rican competition law. The filing alleges that INCOP failed to notify Costa Rica’s competition authority, COPROCOM, despite indications that warranted review.

Company attorney Víctor Mora said the Comptroller General is expected to issue a ruling within 40 business days, with a possible extension of 15 additional business days.

Separately, Costa Rica’s competition authority is expected to continue a preliminary investigation into potential violations of competition regulations before determining whether to open a formal instruction phase.