Standard Recovery - Dominican Republic (Follow-on)

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

To provide loan recovery assistance for a defaulted debt owed to the Export-Import Bank of the United States (EXIM Bank), specifically related to Claim No. I200678, involving a debtor and/or guarantor(s) located in the Dominican Republic.

• The Contractor will provide collection services and servicing, which may include borrower negotiations, restructuring, and workout agreements.

• The Contractor may institute legal proceedings and/or provide credit restructuring related to the claim.

• The Contractor shall analyze case specifics, consider recovery strategies, and implement actions to maximize collections.

• Performance will be evaluated based on timeliness, completeness, thoroughness, communication, and accuracy across various tasks.

• Specific performance ratings range from Exceptional to Unsatisfactory, with corresponding quality levels.

• A Performance Requirement Summary (PRS) table outlines detailed standards for each task.

• Work is to be completed in Santo Domingo, Dominican Republic.

• The Contractor must be a law firm registered and licensed in the Dominican Republic Bar Association.

• Subcontracted efforts must also be registered/licensed.

• The Contractor must have experience in asset locating, embargoing, restructuring agreements, and litigating collection matters.

• Experience handling collection matters for foreign government entities is required.

• The Contractor must understand legal risks, including countersuits and criminal prosecution referrals.

• The Contractor must be able to communicate in the local language.

• Project Task Log (monthly)

• Conflict of Interest notification (within 5 business days of identification)

• Written Brief for active Cases (quarterly)

• Collected Funds report (within 15 days of COR notification of incoming funds)

• Litigation Request Form with breakdown of anticipated work/cost (upon determination that litigation is required)

Sole Source Justification

This document justifies a sole-source procurement for commercial services under FAR 13.106-1(b) and FAR 13.501. The Export-Import Bank of the United States (EXIM) intends to award a follow-on Firm Fixed Price (FFP) Purchase Order to Dr. Amadeo Julian law firm.

The contractor will provide legal recovery services to assist EXIM in collecting outstanding amounts owed by an obligor/buyer and any guarantors in the Dominican Republic. Services include asset searches, site visits, negotiations, litigation, documentation of agreements, and embargoing/executing upon assets. The contractor will perform non-personal services related to EXIM Bank's defaulted loan (Policy # FB-607074 / Claim 1200678).

• Contract Type: Firm Fixed Price (FFP)

• Period of Performance: Five (5) years

• Estimated Value: The document references an estimated value and recovery fees, but specific figures are redacted.

• Unique Qualifications: Dr. Amadeo Julian law firm has local counsel in the Dominican Republic with specialized experience in asset recovery, litigation, and restructuring agreements relevant to the debtor's jurisdiction. They are familiar with EXIM Bank's policies and procedures, having managed this specific claim since its inception.

• No Familiarization Period: The firm requires no familiarization or training, allowing immediate performance.

• Risk Mitigation: Introducing a new party would pose risks of poor execution and could disrupt a delicate, decade-long legal case.

• Market Research: While services are commercial in nature, market research confirmed Dr. Amadeo Julian Law Firm's unique position due to their specific knowledge of EXIM, its transactions, and legal experience in the Dominican Republic. They have been utilized by EXIM Bank since 2016 for this project.

• Sources Expressed Interest: None (NA)

• Barriers to Competition: EXIM Bank has no current plans to compete future contracts for these services due to the specialized nature and ongoing case management. However, they will assess competition if another potential source emerges.

Office of Contracting Services (OCS), Export Import Bank of the United States, Washington, D.C.