Corporación América Airports (CAAP) firmly believes that it is the only bidder with a legitimate right to proceed with the financial evaluation, as the other bidder did not meet the minimum requirements defined by the Request for Proposal (RFP), the company stated.
In a letter addressed to the Minister of Economic Development and the Chairman of the Tender Commission, Niko Đeljošaj, CAAP expressed concern over media reports regarding the concession procedure for the right to operate Podgorica and Tivat airports.
They indicated that they have learned from the media that the Tender Commission is nearing a recommendation to the Government of Montenegro concerning the evaluation and ranking of the submitted bids according to the public invitation (RFP) for the concession to manage Montenegro Airports for a period of 30 years.
CAAP noted that although they are not familiar with the details of the decision-making process, the information reported by the media raises serious concerns. According to the reports, 13 members of the Tender Commission assigned a technical score of 85 points to CAAP’s bid through a secret ballot, while the bid from Incheon International Airport Corporation (Incheon) received 79.7 points. According to the RFP, Incheon’s bid does not meet the minimum threshold and therefore the bidder is not entitled to advance to the next phase, which is the opening of financial bids. CAAP reiterated that it strongly believes it is the only bidder legitimately entitled to continue to the financial evaluation stage since the other bidder failed to fulfill the minimum conditions set by the RFP.
Furthermore, media reports suggest that the Tender Commission and the external party IFC, whose role is to provide an independent opinion, used different weighting than that foreseen by the RFP and established evaluation practices. While this is not CAAP’s primary objection, they highlighted that, according to media statements, the Commission was informed that it is not legally possible to assign zero points for technical elements within a bid. CAAP found this interpretation surprising, as the RFP explicitly states that if a bidder decides not to propose investments in additional facilities, the Investment Plan (C.1) score will be zero, confirming that assigning zero points is both possible and foreseen by the RFP.
CAAP also expressed surprise at recent media information revealing that the Commission’s activity was extended by an additional 30 days, during which a new technical evaluation was conducted. This reevaluation reportedly accepted a participant previously excluded from the second phase, based on a technical offer that was not modified from its original version.
They find these developments very unusual, as they are not foreseen in the tender documentation, contradict national and European laws on reference regulations, and may represent a serious breach of the formal rules governing the work of tender commissions—especially if the evaluation is conducted a second time without an official reason, potentially allowing a previously eliminated bid to re-enter the process.
CAAP emphasized that the key principle contained in Articles 26 and 27 of Montenegro’s Concessions Law requires bids to be evaluated based on pre-established criteria and scores, recommending the most favorable bidder to the Government without additional decisions that could modify previous results or reinstate excluded participants.
The company also voiced deep concern over recent media reports exposing increasing pressure on Commission members by external actors who should not influence the decision-making, particularly in a country like Montenegro that aspires to join the EU, where transparency in public procurement procedures is a fundamental principle.
CAAP is confident that it will soon receive assurances regarding the integrity of the Commission’s evaluation process, both in terms of results and compliance with the procedure outlined in the RFP. The company reserves the right to file an appeal once the final decision is made and to access tender documentation in accordance with Article 31 of the Concessions Law. CAAP will fully protect its legal position and rights both in Montenegro and before international courts.
They urgently await a response.
Signed, Massimiliano Goti, Authorized Signatory.
