Project scope

1. Construction of new infrastructure for the San Andres Airport to expand its capacity, guarantee service provision and facilitate air transportation.
2. Improvement of the conditions of the existing infrastructure with the objective of bringing it to certain technical characteristics and higher standards to improve service levels.
3. Rehabilitation of the runway, apron, taxiways and safety strips.
4. Operation of the airport in accordance with the requirements established in the contract.
5. Maintenance of the infrastructure to enable safe and operational operation of the infrastructure.

Dates and most relevant data of the process

Eligibility requirements

1. Legal capacity and legal representation

1.1 Requirements depending on the person.

1. Colombian or foreign legal entities with domicile or branch in Colombia must prove by means of the certificate of existence and legal representation that:
   1. The legal representative has sufficient powers to commit the legal person or otherwise has the necessary authorizations to do so.
   2. Its corporate purpose allows the development of the Project.
   3. The company was incorporated prior to the date of presentation of the Expression of Interest and has a duration equal to or greater than the term of the Concession Contract plus five years, by means of a certificate issued no more than 30 Calendar Days prior to the Closing Date of the Bidding Process. Otherwise, a certificate issued by the corresponding corporate body stating the commitment to extend the term of the company in case it is awarded the Contract.
2. The national or foreign natural person must prove its capacity by means of a copy of its citizenship or foreigner identification card, as applicable. In case of not being domiciled in Colombia, he/she must submit a copy of his/her passport and additionally, constitute an attorney-in-fact domiciled in Colombia. It must also submit a certificate of payment of its contributions and those of its employees to the Social Security and Parafiscal Contributions systems.
3. Foreign legal entity without a branch in Colombia must prove:
   1. Its existence and legal representation by means of a document issued by the competent authority in the country of its domicile. This document must not be issued more than four months prior to the Prequalification Closing Date.
   2. That its corporate purpose allows its participation in the Bidding Process, for which it shall submit an extract of its bylaws or a certificate of the legal representative or authorized officer.
   3. The sufficiency of the powers of its legal representative(s) or of its special attorney(s) in Colombia for the subscription of the Proposal, for which it shall submit an extract of its bylaws or a certificate of the legal representative or authorized officer.
   4. That its duration is at least equal to the maximum duration of the Contract and five years more, for which it shall submit an extract of its bylaws or a certificate of the legal representative or authorized officer.
   5. To accredit an attorney domiciled in Colombia, duly authorized to: (i) submit the Offer, (ii) participate and commit its representative in the different instances of the Bidding Process, (iii) sign the documents and declarations that may be required, (iv) the constitution of the Special Purpose Vehicle (SPV) (in case of being awarded the Contract), (v) provide the information that may be requested, (vi) the other necessary acts in accordance with the Bidding Documents.
4. Plural Structures shall evidence:
   1. The subscription of the incorporation document of the Plural Structure.
   2. Prove the existence, validity, legal representation and Legal Capacity of each and every one of the Members of the Plural Structure.
   3. The Members of the Plural Structure must constitute one or several Common Representative(s) with the capacity to bind the Plural Structure.
   4. The document of formation of the Plural Structure shall designate one or several Leaders, who shall: (i) have a minimum participation in said Plural Structure of twenty-five (25%), (ii) accredit Investment Experience and/or Financial Capacity directly, (iii) Have indicated their capacity as Leader in the Expression of Interest.
   5. In the event of being Awarded in the Small Value Abbreviated Bidding Process with Prequalification, and as a condition for the execution of the Contract, they shall constitute a PS, without prejudice to other applicable commitments.
   6. Each of the Members of the Plural Structure that is a Colombian legal entity or branch of a foreign company must provide a certificate of Social Security and Parafiscal Contributions payments.

1.2 Guarantee of expression of interest.

1. In order to guarantee the terms of the expression of interest and the presentation of the bid in the abbreviated selection process of a lesser amount with prequalification and that these may be considered by ANI, each interested party must include in its Expression of Interest a guarantee that supports the seriousness of the manifestation.
2. The value of the guarantee of the expression of interest must be a minimum of COP 1,740,000,000 (USD 435,000 approx.) on 31 December 2022.
3. The guarantee must be presented through: (i) insurance contract contained in a policy, (ii) autonomous patrimony, (iii) bank guarantee, or (iv) Stand-By letter of credit.

2. Investment experience⁵

2.1 Bidders have two options to accredit the Investment Experience, through the accreditation of the Financing of:

1. One Concession of an Infrastructure Project whose financing value has been equal to or greater than idem COP 104,361,000,000 (USD 26 million approx.).
2. Maximum of four Infrastructure Project(s) Concessions whose financing value in simple aggregate has been equal to or greater than idem COP 139,148,000,000 (USD 35 million approx.) provided that at least one of the financings credited has been of at least idem COP 69,574,000,000 (USD 17 million approx.).
3. Infrastructure Project contracts for the Investment Experience credit will be eligible, provided that:
   1. The financial closing of the contract is dated after 1 January 1993.
   2. Whoever accredits the experience was part of the contract at the time the Financial Closing took place with a percentage higher than 25% in the plural structure (if applicable).
   3. That the respective contracts: (i) have not been terminated due to expiration or default attributable to the contractor and (ii) the performance bonds granted by the respective contractor have not been paid.

3. Financial capacity:

3.1 Offerors shall comply with the requirements of: Net Worth and Debt Capacity. If the documents evidencing the Financial Capacity contain information in foreign currency, the amounts must be converted into COP.

1. The Bidder must have a minimum Net Worth of idem COP 139,148,000,000 (USD 35 million approx.) Pesos of the Reference Month according to its Financial Statements, as of the last ordinary closing.
   1. The Plural Structures may add the Net Worth of the Members of the same in order to credit the minimum Net Worth indicated. At least the Leader must have a minimum Net Worth of COP 41,744,000,000 (USD 19 million approx.).

Selection process

1. The contractor selection process will be carried out under the modality of abbreviated selection of lesser amount with prequalification, in accordance with the provisions of Article 20 of Law 1508 of 2012, in accordance with Article 2.2.2.2.1.5.12 of Decree 1082 of 2015.
2. The process will be divided into two stages (i) prequalification of third parties interested in participating in the process; and (ii) presentation of the offer by the persons who were qualified in the first stage.
3. It is worth mentioning that Law 1508 of 2012, empowers the Project originator to match and improve the offer in the following terms: "(...) If as a result of the selection process originator of the project does not submit the best offer, according to the established evaluation criteria, it shall have the right to submit an offer that improves the offer of the best qualified bidder, within a maximum period of 10 working days from the publication of the evaluation report of the proposals. If the originator improves the offer, the contract will be awarded, once the requirements established in the present law are met".⁶
4. Finally, it should be noted that the bidding documents are subject to modification throughout the process, so the conditions set forth herein may be modified.

To consult documents in SECOP 1, click here.

Click here to read the Spanish version.

1 Values in constant Colombian Pesos (COP) as of 31 December 2022.

2 Values in constant Colombian Pesos (COP) as of 31 December 2022

3 OPEX, unlike CAPEX, has not been disclosed in an exact figure in the documents published so far.

4 These are the relevant dates presented so far. There is still no definite date for the publication of the final bidding documents, nor is there a date for the awarding of the contract.

5 Values in constant Colombian Pesos (COP) as of 31 December 2022.

6 Law 1508 of 2012, article 20.