Standard Recovery - Mexico-Batch (Follow-on)

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

To contract with a recovery firm to provide loan recovery assistance for defaulted loans, including collecting balances under EXIM Bank's credit guarantee and insurance programs, and to seek repayment from debtors and guarantors.

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

• Institute legal proceedings when necessary.

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

• Attempt extrajudicial collection of claim amounts within 90 days.

• File legal proceedings against debtors and guarantors if extrajudicial collection is unsuccessful, under written instructions from EXIM Bank.

• Provide all labor, equipment, materials, 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.

• Task 2 (Filing Fee(s)) and Task 3 (Payment for Recovery of Defaulted Principal) will be activated by modification.

• Litigation: Performance rating based on the ability to respond to requests and timeliness. Acceptable Quality Level (AQL) of 99%.

• Schedule: All deliverables as described in the PWS and specified in the approved Schedule of Deliverables, with 100% inspection.

• Cost Control: Within Line 2 (legal costs) and Line 3 (actual cash recoveries), with 100% inspection.

• Business Relations: Professional and respectful interactions, with semi-annual performance evaluation.

• Management of Key Personnel: Appropriate credentials for work involved, including registration within the Mexican judicial system, with semi-annual performance evaluation.

• The PWS is dated March 27, 2026.

• Recovery services are for cases located in Mexico.

• Contractor must have full knowledge of the Mexican judicial system and be a duly qualified/registered attorney in Mexico if litigation is pursued.

• Government Furnished Information: EXIM Bank will notify the contractor by email from the COR regarding specifics of the case.

• Deliverables include reports on litigation proceedings/outcomes, with meetings held twice a year (face-to-face, virtual, or telephonically).

• Contingency fee on actual cash recoveries is a potential incentive/disincentive.

Justification and Approval for Other Than Full and Open Competition

This document justifies the use of other than full and open competition for a Firm Fixed Price (FFP) Purchase Order to Garza Gomez y Asociados S.C. The purpose is to procure legal recovery services to assist the Export-Import Bank of the United States (EXIM) in collecting outstanding amounts owed by obligors/buyers and guarantors in Mexico. This is a follow-on contract to an expiring one.

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

• Perform non-personal services for collection on defaulted EXIM Bank loans in Mexico.

• Undertake asset searches, site visits, negotiations, litigation, and embargoing/executing upon assets.

• Attempt recovery on behalf of EXIM Bank and, if instructed, institute legal proceedings or provide credit restructuring services.

• Services are for specific cases in Mexico, involving specific claim numbers and a total buyer debt.

• Contract Type: Firm Fixed Price (FFP)

• Period of Performance: Five (5) years

• Estimated Value: Not explicitly stated, but references recovery fees.

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 action is being processed under "Other Than Full and Open Competition" based on FAR 13.106-1(b) and FAR 13.501, citing 41 USC §3304 and FAR 6.302-1 (Only One Responsible Source).

• The contractor, Garza Gomez y Asociados S.C., is registered in SAM and has extensive experience in Mexican legal jurisdictions and recovery matters.
• They are deemed uniquely qualified due to their experience with U.S. Government administrative requirements, familiarity with EXIM Bank policies, and immediate readiness to perform without a familiarization period.
• No other sources expressed written interest in this acquisition.
• EXIM Bank has no current plans to compete future contracts for these services but will reassess if other potential sources emerge.