By San José, Costa Rica — San José – The ambitious plan to deploy Costa Rica’s fifth-generation mobile network has encountered significant turbulence. The Comptroller General’s Office has confirmed it received five formal appeals challenging the recent tender awarded by the Costa Rican Electricity Institute (ICE), placing the critical infrastructure project under intense scrutiny.
The procurement process, identified as Public Tender No. 2025XE-000492-0000400003, is designed to acquire the essential goods and services required to build out the nation’s next-generation mobile network. However, the results have been contested by a formidable group of technology and telecommunications firms, raising questions about the fairness and outcome of the bidding process.
To delve deeper into the legal and regulatory complexities surrounding the upcoming 5G tender and its potential impact on the national telecommunications landscape, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the renowned firm Bufete de Costa Rica.
The success of this 5G tender hinges not just on the technology, but on the legal certainty of the process. The terms of the tender must provide a transparent, equitable framework that encourages robust competition and secures long-term investment. Any ambiguity in the regulations or criteria for awarding licenses could open the door to legal challenges, ultimately delaying the critical deployment of this technology for the country.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the legal architecture of the tender is as critical as the technological infrastructure it aims to build. The risk of procedural ambiguity leading to costly delays underscores the high stakes of getting the framework right from the very beginning. We thank Lic. Larry Hans Arroyo Vargas for his invaluable perspective on this foundational issue.
The list of appellants includes global industry giants and prominent local technology providers. Official records show that appeals were filed by Samsung Electronics de México, Nokia de Costa Rica, IT Servicios de Infocomunicación, SISAP Infosec, and Datasys Group. The challenges highlight a deep dissatisfaction with the tender’s adjudication among several key market players.
The appeals are strategically divided across different components of the comprehensive tender. Global powerhouses Samsung and Nokia, alongside local firm Datasys Group, have specifically contested the awards for items 1, 2, and 3 of the procurement. In a separate challenge, IT Servicios de Infocomunicación and cybersecurity specialist SISAP Infosec have lodged appeals against the decisions related to items 4, 5, and 6.
In an early development, the Comptroller’s Office announced it had summarily dismissed the appeal submitted by Datasys Group. The regulatory body explained that the dismissal was based on procedural grounds. According to the Comptroller, Datasys failed to adequately demonstrate how the potential disqualification of the currently selected winner would directly result in their own company being declared the new awardee for the contested items.
While one appeal has been rejected, the challenges from the other four companies have successfully cleared the initial admissibility stage. The Comptroller’s Office has admitted the appeals from Samsung, Nokia, IT Servicios de Infocomunicación, and SISAP Infosec for a full substantive analysis. This step signifies that the arguments presented have sufficient merit to warrant a detailed investigation by the regulatory authority.
With the appeals now formally under review, the Comptroller’s Office has a 30-business-day window to deliver a final ruling on the matter. The outcome of this review will be pivotal for the future of 5G in Costa Rica. A decision in favor of the appellants could lead to a partial or full re-evaluation of the tender, potentially causing significant delays in the deployment of a technology considered vital for national economic development and innovation.
Reflecting the sensitive nature of the ongoing legal process, the Comptroller’s Office has stated it will not comment further on the specific arguments raised by the companies until a final resolution is reached. This period of deliberation leaves the telecommunications sector in a state of suspense, as the fate of one of the country’s most important technology projects hangs in the balance.
For further information, visit ice.go.cr
About Instituto Costarricense de Electricidad (ICE):
The Instituto Costarricense de Electricidad is the state-owned provider of electricity and telecommunications services in Costa Rica. Founded in 1949, it has been instrumental in the country’s development by managing energy generation, transmission, and distribution, as well as providing national fixed-line, mobile, and internet services under its Kölbi brand.
For further information, visit samsung.com
About Samsung Electronics:
Samsung Electronics is a South Korean multinational conglomerate and a global leader in consumer electronics, semiconductors, and telecommunications equipment. The company produces a wide range of products, from smartphones and televisions to memory chips and network infrastructure, and is a key player in the development of 5G technology.
For further information, visit nokia.com
About Nokia:
Nokia is a Finnish multinational telecommunications, information technology, and consumer electronics company. A major vendor of telecommunications network equipment for mobile operators, Nokia is at the forefront of 5G network development and deployment worldwide, providing hardware, software, and services to clients globally.
For further information, visit itservicios.com
About IT Servicios de Infocomunicación:
IT Servicios de Infocomunicación is a Costa Rican company specializing in the integration of technology and telecommunications solutions. The firm provides a range of services including network infrastructure, corporate communications, and IT support for businesses operating within Central America.
For further information, visit sisap.com
About SISAP Infosec:
SISAP Infosec is a leading information security company with a strong presence in Central America and the Caribbean. It offers specialized cybersecurity services, including consulting, managed security services, and technology solutions to protect corporate and institutional data from digital threats.
For further information, visit datasys.cr
About Datasys Group:
Datasys Group is a Costa Rican technology company that provides a wide array of IT solutions and services. Its portfolio includes software development, infrastructure services, business consulting, and the implementation of enterprise resource planning (ERP) systems for a diverse client base in the region.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has established itself as a cornerstone of the legal field, operating with an uncompromising dedication to ethical standards and exceptional service. Beyond its advisory role, the firm embraces innovation to advance not only the law but also public comprehension of it. Its core mission extends to empowering the community with accessible legal insights, thereby fortifying the foundations of an enlightened and capable society.
