CONSTRUCTORA MECO, S.A. SOUNDS THE ALARM (ENGLISH VERSION)

Build infrastructure for progress and human buenestar.

We execute our works with passion, service and quality.

CONSTRUCTION MECO, SA presents
Observations on the Report of the Commission
Verifying the date April 05, 2010 -
Abbreviated Tender NQ 2010-1-38-0-08 -
LA-003,850, "Study, Design and
Construction for Expansion
Enrique Malek International Airport. "

MEMBERS OF THE COMMISSION Check:

I hereby, ROBERTO HERNANDEZ MEDINA, male, Panama, more
age, married, with personal identity card No. 8-459-961, residing in
Of Ancon, Building No. 780, Calle Tabernilla, District and Province
Panama, acting on behalf of CONSTRUCTORA MECO SA
foreign company duly registered in the Public Registry of Panama, the
Tab 667, Rollo 44,947, Image 167, Section Foreign Companies, we went
to you, with our customary respect, with the aim of presenting
COMMENTS TO THE REPORT OF THE COMMISSION Verifier DAY 05
APRIL 2010 - SHORT TENDER NQ 2010-1-38-0-08-LA-003,850,
"STUDY, DESIGN AND CONSTRUCTION FOR THE EXTENSION OF
Enrique Malek International Airport ", based on the
Special Conditions Chapter Il, Numeral 9, paragraph 9.5 of the SO.

OUR COMMENTS TO PRESENT REPORT OF THE COMMISSION
Check the following terms:

FIRST: In Chapter II Special Conditions, Numeral 10 Factors Objectives

Selection, paragraph 10.2 - required mandatory requirements:

"Are to be enclosed with the nomination form so

mandatory in order for it to be taken into consideration and

properly analyzed by the Verification Commission. "In paragraph 9. Copy

notarized the writ of the readable proponent, clarified "If someone

foreign passport must submit a copy of a Notary Public. "

(Emphasis added.) In the case of the bid submitted by the proposer

RIVA CONSTRUCTION SAllCFA this requirement was not met since it

submitted a copy of the passport of Mr German Felix Gaston (VER oja 1350), without being

authenticated by a notary, as manifested by the statement of objections is

binding.

SECOND: Special Conditions Chapter Il, Numeral 10 Factors Objectives

Selection, paragraph 10.2 - required mandatory requirements:

"Are to be enclosed with the nomination form so

mandatory. in order for it to be taken into consideration and

properly analyzed by the Verification Commission. "In its article 15.

"Curriculum Vitae of the professional who will act as the Resident

work which must comply with the provisions of Section 15.2 Resident of this

chapter. [FORM NO.2). It must attach copies of certificate

adequacy and the card. "(emphasis added).

In the case of the bid submitted by the company RIVA CONSTRUCTION

SAIICFA this requirement was not met for the following reasons:

1. RIVA CONSTRUCTION SAIICFA The company presented the resume of

Luis Eduardo engineer Faiella (van record 1327), but did not file the certificate

suitability or the Engineer's license, those documents were requested for

relief in the opening minutes of the draft reference March 24

2010. RIVA CONSTRUCTION SAIICFA The company responds to the request

30th March, but does not have the card or the certificate of fitness

Luis Eduardo Faiella engineer.

2. A change requested in the previous section, the company RIVA CONSTRUCTION

Engineer presented information SAIICFA Fernando Alfaro de Alba, which is not

was submitted by the company in the original bid submitted on March 24

2010, forgetting as indicated in paragraph 7 - REMOVAL, REPLACEMENT,

MODIFICATION AND CLARIFICATION OF REQUEST FOR PROPOSAL, Chapter I

GENERAL CONDITIONS, in the specification that states textually:

"No proposal may be withdrawn, replaced or modified after

of celebrated public event. However, before its conclusion, the

Proposers may withdraw the proposals, replacement or modification, when

deemed necessary. The bidder may request clarification entity after

submitted the proposal and also request that documentation accompanying

clarification, provided that this is not intended to distort the price or

OBJECT offered nor alter the original proposal. "(emphasis added).

The information presented amending the offer and the original proposal

RIVA CONSTRUCTION SAlICFA in substantial form, presenting information

but not new or additional clarification, but does not remedy the condition required

in its minutes of 24 - March 2010.

3. On the other hand, to create more ambiguity and confusion in the bid submitted

the construction company RIVA SAllCFA, on March 24 show

documentation lose engineer Ernesto Sosa Vásquez (SEE record 1313) as

Deputy Superintendent of work, a position not requested by the statement of objections

project "Study, Design and Construction for Airport Expansion

Enrique Malek International. "Addition to the above, no copy is presented

of any certification of projects by engineer José Ernesto Sosa.

It is important to note also that the engineer Sosa received his certificate

approval on March 28, 2000 which failed to complete the ten 110]

Anyos of experience at the time of submission Dela tender requirement included in

the statement of objections of the benchmark project. Chapter Il - Conditions

Special numeral 15.2, reads "The Contractor shall keep on site,

permanently during the execution of work, a Civil Engineer

professional qualifications and with no less than ten years experience in the profession and

which carried out construction projects worth more than ten

million Balboas (B / _ 10,000,000.00), as residents of the Work, who will

have full authority to act in all cases, the name of

Contractor and immediately address the comments and instructions

Inspection. "(Emphasis added).

In conclusion, the proponent RIVA CONSTRUCTION SAlICFA not meet the

requirement included in the Statement of Objections to submit an engineer suitable for

by Superintend / Resident ten (10) years of experience and a work of

construction of at least B / _ 10 million Dollars, duly certified,

as we have noted, since at the time of submission of bid

the company is, on March 24, 2010, the engineer was not Sosa

ten (10) years of experience, since it obtained its certificate of fitness on the 28th

March 2000.

Third: Chapter II - Special Conditions, Numeral 10 Factors Objectives

Selection, paragraph 17 - Technical Experience Company, as part b,

requires: "Certification of staff has designed so that there

participated in the studies and designs for an airport whose cost exceeds

ten million dollars (B /. 10,000,000.00). The certification must be

accompanied by the curriculum vitae of the professional and in case it does not

is employed by the company, shall submit the letter of intent

contract itself. Should the project be awarded to the company, the

it must employ the professional above "(emphasis added).

The manufacturer submits to the Architect RIVA Rodolfo SAIlCFA

josé Miani as Project Manager in case of award of the contract

reference to the company proposing. In addition to the above, according to that

paragraph of the statement of objections, it must clearly demonstrate that the business

participated in the studies and designs of an airport whose cost exceeds

ten million dollars (B /. 10,000,000.00). The certificates presented

RIVA CONSTRUCTION SAIICFA for not clarifying that the architect Rodolfo

Miami had worked in the Survey and Design of an airport with these

conditions. In addition to this, the company SAIICFA RIVA CONSTRUCTION

must be presented according to the same heading "17 - Technical Experience

Company "on their part b, the letter of intent to hire the architect Rodolfo

Miani lose as a designer, if its bid to be elected as the winner, this

commitment letter was not submitted, the company failing again

RIVA CONSTRUCTION SAIICFA with the statement of objections, a fact overlooked by

Verification Commission.

Therefore, we hold that the Verification Commission has assessed the

RIVA CONSTRUCTION bidder without considering the clear SAIICFA

violations of this proposal to the Statement of Charges, the Procurement Act

Public and its amendments in the Tender Brief NQ 2010-1-38-0-08-LA-

003,850, "Study, Design and Construction for Airport Expansion

Enrique Malek International. "

SPECIAL REQUEST: For all the above, ask the gentlemen

members of the Verification Commission NQ Abbreviated Tender 2010-1-38-O-

08-LA-00385O, "Study, Design and Construction for Airport Expansion

Enrique Malek International "to kindly address the comments submitted by

CONSTRUCTION MECO, SA and serves companies qualify again

bidders. For all the above, with due respect that characterizes us and

that the Commission established deserves reconsideration request is the report of the

verification commission issued on 05 April 2010 and will proceed to evaluate

back to business suppliers.

We appreciate your attention.

Sincerely,

ING. ROBERT M. HERNANDEZ
LEGAL REPRESENTATIVE
CONSTRUCTION MECO, SA
Phone: (507) 3143100 - Fax: (507) 3140634
Building 780. Balboa. Ancora