A few days after one month had passed since the opening of envelopes for best value on the 20-year concession for the Balboa drydock, the Panama Maritime Authority (AMP) declared void the contract for faults not remedied, according to the entity, in proposals submitted by each of the consortia applicants.
It was an act full of setbacks since the opening of the envelopes, because the company that made the best economic proposal – Consorcio MEC Pacific – was disqualified from March 6 because the bond proposal did not meet 10% of total value requirement and was not remedied in accordance with the procurement law. Despite this, the consortium formed by the Panamanian company MEC Group filed a claim but it did not prosper.
Everyone thought that the Consorcio Astillero del Pacífico (ASTIPAC) consisting of PATSA, S.A. and Astilleros de Canarias y Santander were the victors, but an action was filed claiming the full amount of the bond proposal, but the authorities rejected that claim. ASTIPAC was disqualified because it failed to comply with requirements of sub-item 1.9 of point 22 of Chapter II of the Statement of Requirements, which provides that the Affidavit of Registered Shares should be certified by the legal representative and the Treasurer of the corporation.
However, a complaint was filed by lawyers of the ASTIPAC consortium who noted that the requirement in the statement of requirements was remedied.
Another consortium was disqualified for a correctable error made by Boluda Fos Corporación, SL; Comercializadora Mayher and Yermont Enterprise. The consortium did not present the breakdown of price or affidavit of registered shares.
Finally, the consortium Talleres Dry Docks was disqualified for the form of breakdown of prices, which contemplated an error in the initial amount of $75,000 and not $75,010, as stipulated in the Proposal Form.
“Considering the amount offered in the Proposal Form of $75,010 and compared with the initial amount offered in the form of breakdown of prices of $75,000, this results in a shortfall of $13,326.61,”underscores the resolution ADM No. 042-2012 of the AMP.
In view of this situation, the AMP declared void the bid of this group that had not operated for over six months. The AMP said that the call to the second public tender act will depend on the proponents because the AMP is ready for the new call.
This post is also available in: Spanish