Standard Recovery - Mexico (Follow-on)

Other / Unclassified

This document is a "Justification and Approval for Other Than Full and Open Competition" for a Commercial Services Acquisition by the Export-Import Bank of the US (EXIM Bank). It outlines the rationale for awarding a Firm Fixed Price (FFP) Purchase Order to the legal services firm Nieves Lliteras y Asociados, S.C. for debt recovery services in Mexico.

This document explains why EXIM Bank is not conducting a full and open competition for these services. Key points for potential bidders include:

• Procurement Type: Award of a new FFP Purchase Order.
• Services: Legal services for collecting outstanding amounts owed to EXIM Bank by a debtor and guarantors in Mexico. This includes asset searches, site visits, negotiations, litigation, and executing upon assets.
• Contracting Firm: Nieves Lliteras y Asociados, S.C.
• Justification for Sole Source: The firm is uniquely qualified due to its extensive experience in Mexican legal matters, handling collection cases for foreign government entities, familiarity with EXIM Bank's policies, and demonstrated competence in advisory and documentary roles. The document emphasizes the need for immediate action to prevent asset depreciation or debtor evasion, making a familiarization period for a new contractor unacceptable.
• Period of Performance: Five (5) years.
• Estimated Value: The document references an estimated value and recovery fees, but specific figures are redacted.
• Competition: No other sources expressed interest. EXIM Bank has no current plans to compete future contracts for similar services, but will assess competition if a potential source emerges.

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 located in Mexico, with the desired outcome of recovering outstanding debt.

• Provide collection services and servicing of defaulted loans.

• May include borrower negotiations, restructuring, and workout agreements.

• Institute legal proceedings.

• Provide credit restructuring services.

• Take other actions required to effect recovery for EXIM Bank.

• Litigation: Performance based on ability to respond to requests and timeliness. Performance ratings range from Exceptional (>99.8%) to Unsatisfactory (<90%). Acceptable Quality Level (AQL) is 99%.

• Schedule: All deliverables must be within the approved Schedule of Deliverables (100% Inspection).

• Cost Control: All deliverables within Line 2 (legal costs) and Line 3 (actual cash recoveries) must adhere to the approved Schedule of Deliverables (100% Inspection).

• Business Relations: Professional and respectful interactions with all parties.

• Management of Key Personnel: Appropriate credentials and registration within the Mexican judicial system to perform legal work.

• The PWS does not explicitly state a period of performance but refers to a "standard recovery contract (follow on)" and tasks that may take up to 90 days for extrajudicial collection. The place of performance is Mexico.

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

• Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary.

• A preliminary research and evaluation of the case is required, including asset search, credit analysis, and legal actions against the obligor.

• Extrajudicial collection attempts are to be made within 90 days.

• Legal services must be in accordance with the Statement of Work.

• If litigation is required, a Litigation Request Form must be submitted to AMD for approval.

• Extraordinary and unusual expenses require prior written agreement.

• Report on litigation proceedings/outcome, to be met every semester with the recovery officer and EXIM Bank's OGC. Meetings can be face-to-face, virtual, or telephonic.