Standard Recovery - Argentina

Statement of Work (SOW) / Performance Work Statement (PWS)

To recover assets, institute legal proceedings, and/or provide credit restructuring related to a defaulted loan claim, involving the debtor and guarantor(s) in Argentina. The desired outcome is to register and release a pledge/lien after the debtor fulfills its obligation with EXIM Bank for Claim No. 1201232.

• Provide loan recovery services, including borrower negotiations, restructuring, and workout agreements.

• Institute legal proceedings if necessary.

• Perform preliminary research and evaluation of cases, including asset searches, credit analysis, and legal actions against the obligor.

• Attempt extrajudicial collection of the claim amount within 90 days.

• File legal proceedings against the Debtor and Guarantors if extrajudicial collection is unsuccessful, under written instructions from EXIM Bank.

• Provide all labor, equipment, materials, postage, supervision, expenses, and travel for collection investigation services.

• Prepare and submit a written report outlining the recovery plan and estimated collectable amount within 60 days of contract execution.

• Litigation performance rating will be based upon the contractor's ability to respond to requests and timeliness of response.

• Acceptable Quality Level (AQL) for litigation is 99%.

• Performance ratings range from Exceptional (greater than 99.8%) to Unsatisfactory (less than 90%).

• All deliverables must be 100% inspected.

• Contractor must maintain professional and respectful business relations.

• Key personnel must have appropriate credentials and registration within the Argentinian judicial system.

• The PWS is dated January 16, 2026.

• The work involves cases in Argentina.

• Meetings can occur face-to-face in any location, via virtual media, or telephonically.

• Full knowledge of the Argentinian judicial system is required.

• Contractor must be a duly qualified/registered attorney in Argentina if litigation is pursued.

• EXIM Bank will provide Government Furnished Information (GFI) via email from the Contracting Officer's Representative (COR).

• Filing fees will be activated by modification.

• Payment for recovery of defaulted principal will be a percentage of monies collected.

• Extraordinary and unusual expenses require prior written agreement to be reimbursable.

Justification and Approval for Other Than Full and Open Competition

This document justifies the Export-Import Bank of the US (EXIM Bank) awarding a Firm Fixed Price (FFP) Purchase Order to the Bertone, Santiago legal services firm for services related to the registration and release of a pledge in Argentina. This action is for "other than full and open competition" as per FAR 13.106-1(b) and FAR 13.501.

• Provide professional services for judicial processes to undertake asset recovery.

• Perform non-personal services for collection on an EXIM Bank defaulted loan.

• Register and release a pledge to a debtor in Argentina.

• Efforts include asset searches, site visits, negotiations, litigation, documentation of agreements, lien registration, embargoing assets, and executing upon assets.

• Contract Type: Firm Fixed Price (FFP)

• Period of Performance: One (1) year

• Estimated Value: Not explicitly stated, but related to the amount of a paid claim.

Not applicable, as this is a justification for sole-source award, not a solicitation for proposals.

This is a sole-source justification. The firm Bertone, Santiago is uniquely qualified due to extensive experience in Argentina, handling complex U.S. Government administrative requirements, familiarity with EXIM Bank policies, and proven competence in recovery matters. They are registered in SAM.

• The justification cites FAR 6.302 and FAR 13.106-1(b) as authority for other than full and open competition.
• The primary reason for sole-source is the imperative need for local counsel in Argentina with specific expertise in asset recovery, litigation, and handling foreign government entities, which Bertone, Santiago uniquely possesses.
• EXIM Bank has previously worked with Bertone, Santiago and found them competent.
• No other sources expressed interest in writing.
• EXIM Bank has no current plans to compete future contracts for these services.