Costa Rica approves funding for the Fast Passenger Train: What do bidders need to know?

The approval of the loan contracts with CABEI and EIB is the starting point of a procedure that will determine how billions in works, goods and services will be awarded for the most ambitious urban mobility project in recent history.

On 26 May 2026, the law approving the loan agreements signed with the Central American Bank for Economic Integration (CABEI) and the European Investment Bank (EIB) to finance the construction, equipping and commissioning of lines 1 and 2 of the Rapid Transit System (TRP) in the Greater Metropolitan Area was published in La Gaceta.

The approval comes at a critical time: traffic congestion already costs the country up to 3.8% of annual GDP, with direct impacts on productivity, fuel consumption, pollution and road deterioration.

"This project is not just a bet on infrastructure. It is a structural transformation that will bring with it a regime that needs to be prepared for now," explains Erick Jiménez, leader of the Public Procurement practice at ECIJA Costa Rica.

A procurement regime different from the ordinary one

One of the most relevant aspects of the approved law is its article 7: acquisitions financed with resources from CABEI (loan No. 2241) and the EIB (FI loan No. 97486) will not be governed by the General Public Procurement Law, but exclusively by the regulatory frameworks of each financing organisation.

"This is an express legal exception. Whoever intends to participate in these tenders without a thorough knowledge of CABEI policies or the EIB Guide will be competing at a disadvantage, regardless of their technical capacity," Jiménez explains.

International tenders as a predictable rule

Under both regulatory frameworks, it is foreseeable that a significant part of the contracts will be processed through international public tenders or international open procedures. This opens up the market to companies from all over the world, but also significantly raises the level of documentary, technical and financial requirements for bidders.

How are the processes contested?

The law establishes that both the objection to the tender documents and the challenge to the awarding of the contract must be processed in accordance with CABEI or EIB regulations, depending on the applicable source of financing.

Jiménez also comments that: "Potential bidders should be particularly diligent in reviewing the deadlines, competent bodies and means of challenge for each procedure before submitting a bid. A mistake on this point can be the difference between success and failure in contracting procedures.

What about procurement with national funds?

For procurements financed with national counterpart budget, Law No. 9986 (General Public Procurement Law) does apply, under the reduced tendering procedure. In principle, these should be processed through the Integrated Public Procurement System (SICOP), unless expressly authorised otherwise.

Transparency and control: the role of INCOFER

INCOFER, as the executing agency, must maintain a permanent and up-to-date public portal with information on all contracting procedures: tender documents, bids received, evaluation criteria, contracts awarded and companies contracted. This obligation applies from the beginning of each procedure.

In addition to this, there is the direct control of the financing bodies:

• According to the Inter-American Bank for Economic Integration (CABEI), the borrower must obtain no objection for the General Procurement Plan, tender documents, procurement notices and amendments to the base documents.
• In the case of the European Investment Bank (EIB): The promoter must obtain clearance of the procurement plan and submit key decisions for ex ante review: pre-selection of bidders, evaluation of bids and award decision.

Recommendation for the implementation phase

Considering the importance and complexity of the project, it is recommended that INCOFER, within the margin allowed by CABEI and EIB rules, enable the so-called prior hearings or similar mechanisms, which can help to ensure that the tender documents adequately reflect both the needs of the Administration and the solutions actually available in the market.

For potential bidders, the recommendation is to constantly monitor the official media available to INCOFER, CABEI and the EIB for the publication of the procedures. The opportunity to participate will depend not only on the technical and financial capacity of the interested parties, but also on a thorough knowledge of the tender documents, the eligibility requirements, the evaluation systems and the means of challenge.

"The TRP is a historic opportunity, but also a complex process. Our recommendation is to start preparing now: study the CABEI and EIB frameworks, map the eligibility requirements and have specialised advice before the first tender documents are published," says Erick Jiménez.