Standard Recovery - El Salvador (Follow-on)

Performance Work Statement (PWS)

To recover assets, institute legal proceedings, and/or provide credit restructuring related to defaulted loans, involving the debtor and guarantor(s) located in El Salvador. The desired outcome is the recovery of outstanding debt.

• Provide collection services and servicing of defaulted loans, which may include borrower negotiations, restructuring, and workout agreements.

• Provide loan recovery services, institute legal proceedings, provide credit restructuring services, and take other actions required to effect recovery for EXIM Bank.

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

• Attempt extrajudicial collection of claim amounts within 90 days of the contract date.

• If extrajudicial collection is unsuccessful, file legal proceedings against the Debtor and Guarantors under written instructions from EXIM Bank's Asset Management Division (AMD).

• Litigation: Performance rating based on the ability of the Contractor to respond to requests and timeliness. Acceptable Quality Level (AQL) is 99%. Surveillance by EXIM Bank COR monthly.

• Schedule: All deliverables must be provided as described in the PWS and specified in the approved Schedule of Deliverables. 100% Inspection.

• Cost Control: Within Line 2 (legal costs) and Line 3 (actual cash recoveries). All deliverables as described in the PWS and specified in the approved Schedule of Deliverables. 100% Inspection.

• Business Relations: Professional and respectful interactions with all parties. Semi-Annual Performance Evaluation.

• Management of Key Personnel: Appropriate credentials for the work involved, including registration within the El Salvador judicial system if legal work is performed. Semi-Annual Performance Evaluation.

• Not explicitly stated as a fixed period, but tasks have specific timeframes (e.g., 90 days for extrajudicial collection, 60 days for initial report).

• Services are to be performed in El Salvador and Washington, D.C. (for reporting).

• Full knowledge of the El Salvador judicial system and a duly qualified/registered attorney in El Salvador are required if litigation is pursued.

• Contractor shall provide all labor, equipment, materials, postage, supervision, expenses, and travel necessary for collection investigation services.

• A written report outlining the recovery plan and estimated collectable amount is required within 60 days of contract execution.

• Filing fees will be activated by modification, requiring a report on costs and risks.

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

• Extraordinary and unusual expenses require written agreement in advance.

• Report on litigation proceedings/outcome (Twice a year, once in El Salvador and once in Washington, D.C.).

Justification and Approval for Other Than Full and Open Competition

This document justifies awarding a Firm Fixed Price (FFP) Purchase Order to La Cima International for legal recovery services. The services are intended to assist the Export-Import Bank of the US (EXIM Bank) in collecting outstanding amounts owed by a debtor and any guarantors located in El Salvador.

• Provide professional services including labor, materials, postage, tools, travel, supervision, and expenses necessary for judicial asset recovery.

• Undertake collection on defaulted loan cases, specifically referencing Claim Nos. 1201089 and 1201090.

• Attempt recovery on behalf of EXIM Bank.

• If instructed by EXIM Bank, institute legal proceedings and/or provide credit restructuring services.

• The contract is estimated to be for a period of five (5) years.

• Contract Type: Firm Fixed Price (FFP)

• Estimated Value: The contract value is estimated at [REDACTED], with due diligence costs at [REDACTED] and recovery fees at [REDACTED].

• Period of Performance: Five (5) years.

This document is a justification for other than full and open competition, not a solicitation. Therefore, proposal submission instructions and evaluation criteria are not applicable here.

This action is being taken under other than full and open competition, citing FAR 13.106-1(b) and FAR 13.501. The justification cites FAR 6.302-1 (Only One Responsible Source) and FAR 6.302-2 (Unusual and Compelling Urgency) as potential authorities. The primary reason for this approach is the unique qualifications and experience required.

• The contractor, La Cima International, has a Washington D.C. office and a local office in El Salvador.
• The firm is described as uniquely qualified due to extensive experience with U.S. Government administrative requirements, certification under El Salvador law, SAM registration, and specific experience in recovery matters in El Salvador.
• Market research indicated that La Cima International is uniquely positioned, and no other firms were identified with similar knowledge of EXIM, its transactions, and legal experience in El Salvador.
• The agency has no current plans to compete future contracts for these services but will reassess if other potential sources emerge.