After winning a tender for helicopter air transport services for the state oil company, Helicor claims that the process was fraught with irregularities and unfair competition. Ecopetrol alleges that the company did not comply with the terms of the contract

It was August 30, 2024, when Ecopetrol closed a tender for $600 billion (more than US$145 million) for air transport services in key areas for oil extraction in the country. Helicol and Helistar were awarded the contract to operate at different bases: Helistar in Cúcuta and Soracá, and Helicol in Paz de Ariporo (Casanare). The award promised to generate operational efficiency and reduce costs, but just six months later, what seemed like a beneficial agreement turned into a conflict of major proportions.

Under the terms, the company had six months to meet operational requirements, which included base adaptation and aircraft addition. The deadline for inspection was set for February 3, 2025, and the start of operations for March 1.

Helicol, with 70 years of experience in the aeronautical sector, now faces the early termination of its contract with Ecopetrol, a process that, according to the company, is riddled with irregularities, unfair competition and unilateral decisions that affect its right to defense. Ecopetrol, for its part, argues that Helicol did not comply with the terms of the contract and did not present the aircraft on time for inspections.

When the oil company's auditors arrived this month to carry out the inspection, they found that neither the aircraft nor the infrastructure were ready. For Ecopetrol, this represented a serious breach that justified the early termination of the contract.

Helicol rejects this version and claims that the delays are due to external factors:

• Closure of the Paz de Ariporo airfield: according to the company, the Civil Aeronautics suspended the airport's operations until December 2024, which prevented its adaptation.
• Obstruction by Helistar: Helicol claims that the rival company, which also won part of the contract, kept the facilities in Paz de Ariporo occupied, making it difficult for its equipment to enter.
• Delays in permits and leases: It took months for the Civil Aeronautics to approve the necessary permits and leases.
• Helicol helicopters being held abroad: Helicol notes that the DIAN only authorized the temporary importation of its helicopters on February 5, 2025, just weeks before the start of operations.

Despite these difficulties, Carlos Londoño, a representative of Helicol, stated in an interview with El Tiempo that the company would be ready to operate on March 1 and that it had requested a one-month extension from Ecopetrol due to administrative delays. However, the oil company did not grant the extension and proceeded with the termination of the contract on February 6.

Helicol's complaints: unfair competition?

Helicol not only rejects Ecopetrol's decision, but also denounces what it considers a deliberate attempt to block its operation. In a document addressed to the authorities, the company accuses Helistar and the Civil Aeronautics of acting together to prevent the execution of the contract, which could constitute vertical cartelization, an anti-competitive practice that will be reported to the Superintendence of Industry and Commerce.

Helicol has also requested that Ecopetrol provide it with the audit reports that supported the decision to terminate the contract, arguing that it has not had access to the information necessary to exercise its right to defense.

“It is important to note that the award of this contract to HELICOL has broken the existing monopoly in the market, generating multi-million dollar savings for ECOPETROL in operating rates since November 1 compared to previous prices, which has naturally impacted HELISTAR's revenues,” the company said in a statement at the beginning of the month.

Debts, fines and liquidation risk

This conflict comes at a critical time for Helicol. The company has been embroiled in financial problems since 2019, when it filed for bankruptcy protection due to a debt of more than $59 billion, largely stemming from pension liabilities. In November 2023, the Superintendency of Companies gave the green light to a payment plan with its creditors, but its compliance has been questioned.

On November 21, 2024, Helicol had to appear before the Superintendency of Companies for a complaint of non-compliance in its lease payments with Opain, the concessionaire of El Dorado Airport, for a debt of $793 million. This case is only part of a larger problem: the company faces debts with strategic suppliers, tax obligations and outstanding debts with its staff, especially with the pilots.

On February 14, 2025, the Superintendency of Companies fined Helicol's manager, Santiago Triviño, $28.4 million for failing to submit the reports required in the reorganization process. In addition, the company faces possible liquidation if it fails to demonstrate that it has the capacity to meet its financial commitments.

Carlos Londoño, who leads a group of investors interested in saving Helicol, has tried to renegotiate the terms of the reorganization. However, the company remains on the ropes.

The impact on Ecopetrol's operations

Beyond the conflict between the companies, the situation creates uncertainty in the oil operation in Casanare. The Paz de Ariporo base is a nerve center for Ecopetrol, since it facilitates the transportation of personnel and cargo in an area of difficult access and with security challenges.

With the termination of the Helicol contract, Ecopetrol must now quickly find a new supplier to ensure continuity of service. This could mean new tenders or the reassignment of the contract to Helistar, which has raised suspicions about possible favoritism within the process.

The dispute between the two companies will be a long one. Helicol insists that it has not breached the contract and has asked Ecopetrol to reconsider its decision. It has also filed legal appeals to investigate the alleged anti-competitive blockage that, according to the company, has harmed it.

On the other hand, the Superintendency of Industry and Commerce will have to evaluate whether there is merit in Helicol's complaint about cartelization and unfair competition.

Meanwhile, Ecopetrol remains firm in its decision and seeks to ensure the continuity of air transport service in its areas of operation.

With the March 1 deadline approaching, the outcome of this case will have repercussions for both Colombia's oil industry and its aviation sector.