ICTSI Challenges Costa Rica’s Port Concession Awarded to Maersk and Hapag
The long-running efforts to select a new concession operator for Costa Rica’s main port and to modernize the operations have hit a new snag after the Philippines’ ICTSI (International Container Terminal Services) filed a challenge to the tender process. The Comptroller General of the Republic of Costa Rica announced on Tuesday that it has accepted the two appeals and will start a review process.
The Costa Rican Institute of Pacific Ports (INCOP) had announced in March that it had selected the only bid in the final round of the competition for a new 30-year concession for Costa Rica’s primary Pacific port. Puerto Caldera handles a significant portion of the country’s maritime trade. However, in recent years, it has been plagued by congestion, at times operating above 100 percent of capacity. In 2025, one of the country’s leading newspapers described the port as near total collapse.
INCOP reported at the end of 2024 that 23 international companies were expressing interest in a concession to modernize and operate the port. The current concession held by a consortium called Sociedad Portuaria de Caldera is set to expire on August 11, 2026. INCOP proposed a new 30-year concession that would include construction and maintenance as well as the modernization of the dry and refrigerated container capacity, general cargo, dry and liquid bulk. Cruise ships also call at the port.
By the beginning of 2026, INCOP reported it was left with just one qualified bidder, a consortium between Maersk’s APM Terminals and Hapag-Lloyd, along with part of the existing consortium. ICTSI, they reported, had been excluded from the final round because it “failed to pass the technical admissibility phase.” Reports said ICTSI had been asked to clarify financial information it had submitted during the qualification.
INCOP announced it was recommending the proposal from the Maersk-Hapag coalition, known as the Sunset Consortium, for the 30-year contract. The proposal submitted called for modernizing the port to possibly triple container capacity. They said they anticipated the port would reach nearly one million TEU. They said breakbulk cargo handling could be expanded to 5 million tons per year. Government officials estimated the investment at $600 million for the container, bulk, and general cargo terminals. They projected that total volume would rise from 6 million to 11 million tons and ship calls from 600 to 900 per year.
ICTSI filed two separate challenges. First, it alleges an improper disqualification, asserting that the criteria were changed during the process. They also said there were “serious transparency deficiencies in the process.” They are asserting the process was opaque and “full of irregularities.”
In a second challenge, they are alleging problems in the design of the proposed modification to the port. They are also questioning the structure of the winning consortium.
The Comptroller General accepted both challenges for review. It is giving the consortium and INCOP five days to file initial responses. The legal deadline is 40 business days for a resolution.
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Reports highlight that the clock is ticking, with the current concession set to expire on August 11. In addition, the contract for tugboat services will end on December 12.
It is the second time that ICTSI and Maersk have faced off over a challenge to a tender process. Transnet in South Africa selected ICTSI as the winner of the tender for the operations at Durban. APM Terminals came in second and challenged the process, taking it to court, claiming problems with the tender. The challenges were dismissed, and the concession was completed in December 2025, with ICTSI starting a 25-year agreement to modernize and upgrade operations at Durban, another global port that has been plagued with operational problems in recent years.
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