Standard Recovery - Guatemala (Follow-on)

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

To recover assets, institute legal proceedings, and/or provide credit restructuring related to defaulted loans, involving debtors and guarantors, for the Export-Import Bank of the United States (EXIM Bank).

• Provide collection services and servicing of defaulted loans.

• Conduct borrower negotiations, restructuring, and workout agreements.

• Institute legal proceedings if necessary.

• Provide credit restructuring services.

• Perform preliminary research and evaluation of cases, including asset searches and credit analysis.

• Attempt extrajudicial collection within 90 days.

• Litigation performance will be rated based on the contractor's ability to recover debt.

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

• Performance ratings include Exceptional, Very Good, Satisfactory, Marginal, and Unsatisfactory.

• Schedule and Cost Control performance are monitored via 100% inspection.

• Business Relations and Management of Key Personnel are evaluated via Semi-Annual Performance Evaluations.

• The work is related to claims involving debtors and guarantors located in Guatemala.

• Specific period of performance is not explicitly stated but implies ongoing recovery efforts.

• Contractor must possess full knowledge of the Guatemalan judicial system and be a qualified/registered attorney in Guatemala if litigation is pursued.

• Contractor shall provide all labor, equipment, materials, supervision, and travel necessary.

• A written recovery plan report is due within 60 days of contract execution.

• Filing fees (Task 2) and payment for recovery (Task 3) will be activated by modification and require separate reporting.

• Extraordinary expenses require prior written agreement.

• Deliverables include reports on litigation proceedings/outcomes, submitted twice a year.

• Meetings with the recovery officer and EXIM Bank's OGC are required twice a year, with flexible meeting formats (face-to-face, virtual, telephonic).

Justification and Approval for Other Than Full and Open Competition

This document justifies awarding a Firm Fixed Price (FFP) Purchase Order to IA Group B.V. for legal recovery services. The services are intended to assist the Export-Import Bank of the United States (EXIM Bank) in collecting outstanding amounts owed by obligors/buyers and their guarantors, specifically for a defaulted loan claim in Guatemala (Claim I201024).

• Provide professional services including labor, materials, postage, tools, travel, and supervision.

• Undertake judicial processes for asset recovery.

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

• Conduct asset searches, site visits, negotiations, and litigation.

• Draft and negotiate restructuring agreements.

• Institute legal proceedings and/or provide credit restructuring services as instructed by EXIM Bank.

• Handle claims involving debtors and guarantors located in Guatemala.

• Contract Type: Firm Fixed Price (FFP) Purchase Order.

• Period of Performance: Five (5) years.

• Estimated Value: Pertaining to recovery fees of [Amount Redacted] of recovery estimated at [Amount Redacted].

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

This is a sole-source justification based on the unique qualifications of IA Group B.V. and the specific nature of the acquisition in a foreign jurisdiction.

• The contractor, IA Group B.V., is uniquely qualified due to extensive experience with U.S. Government administrative requirements, specific expertise in Guatemalan legal recovery, and familiarity with EXIM Bank's policies and procedures.
• The justification cites FAR 13.106-1(b) and 41 U.S.C. §3304 as the statutory authority.
• Efforts were made to identify other potential sources, but the specialized nature of the work and confidentiality requirements limited the identification of multiple qualified firms.
• The Contracting Officer has determined the anticipated cost to be fair and reasonable.