S02_JA_and_Sole_Source_Justification_Task_0067.pdf

Ver: May 2017

EXPORT IMPORT BANK OF THE UNITED STATES “EXIM BANK”

Justification and Approval for Limited Competition

Commercial Services Acquisition under FAR 13.106-1(b)

1. Contracting Activity:

The requirement is being conducted by the Export Import Bank of the United States, Office of Contracting Services (OCS) at 811 Vermont Avenue, NW, Washington, D.C. 20571.

2. Nature and/or Description of the Action Being Processed:

This request is for a sole source requirement. This Justification and Approval authorizes the award of a contract to contractor to assist EXIM in its efforts to collect outstanding amounts owed to EXIM by the obligor/buyer and all guarantors, if any. These efforts will include, as EXIM may direct, asset searches, site visits, negotiations, litigation, documentation of agreements, embargoing assets and executing upon assets.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The Contactor shall attempt recovery on behalf of EXIM Bank and, if provided EXIM Bank’s express instruction to do so, institute legal proceedings and/or provide credit restructuring services to EXIM Bank’s Recoveries Group, Asset Management Division (“AMD”) related to the referenced claim, involving the referenced debtor and guarantor(s), located in Bucharest

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304), as implemented by FAR 6.302. [check all that apply] [Note: FAR 13.106-1(b) permits the Contracting Officer to consider the types of factors listed under FAR Part 6.302 when making the determination to solicit only one source. FAR 13.106-1(b) does not require that the Contracting Officer select only one of the listed authorities, as is the case when the Competition in Contracting Act applies.]

( x ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

(x ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The contract action involves collecting on EXIM Bank’s claim in a foreign country. It is imperative to hire local counsel in the country in which the c la im is to be l i t igated, with experience in:

locating assets, especially potentially hidden assets, and embargoing and executing upon such assets; drafting and negotiating restructuring agreements appropriate for debtors of the type in this matter; and litigating the collection matter in all levels of courts throughout the debtor's country. It is also imperative that the local counsel have experience handling collections matters of this sort on behalf of foreign entities, and especially foreign government entities such as EXIM Bank, because such representation often raises issues and creates legal risks for the foreign government entity. These risks include the risk of counter-suits, referrals for criminal prosecution, and withholding tax questions. Additionally, it is imperative to hire local counsel familiar with EXIM Bank's policies and procedures so as to avoid any problems with payment procedures, handling of funds, facilitation payments, and to mitigate potential fraud. The law firm o f Garza Gómez y Asociados, S.C. in Mexico was assigned Cases I02538601 and I02538801 under order EXIM-10-P-0045. It has been determined all actions required to finalize the claims are not complete. A Limited Competition/sole source requirement is necessary in order to maintain continuity of the services previously provided and to avoid duplication start-up and familiarization costs that would be incurred by a different contractor, if the incumbent contractor was to be replaced.

6. Description Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

EXIM Bank has robust experience contracting for legal and recover services within foreign local markets in which defaulted portfolios are subject to host nation jurisdiction. Market research for potential contractors is done through in situ recovery trips, meetings/interviews with law firms suggested by the U.S. Embassy in each particular country, and invariably by potential contractors making contact directly with EXIM Bank’s Recoveries Group offering their services. Other sources of potential collection/legal services contractors include contacts made at the Agency’s annual conferences, by referrals from other foreign export credit agencies, and, importantly, by other EXIM Bank internal units.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable based upon prior experience with this contractor, comparison to rates and collection percentages assessed by similar firms in the same and similar jurisdictions, and by review of published rates publicly available.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research was not conducted.

AMD confirmed that the types of services to be undertaken by the Contractor are commercial in nature. These services are provided to private and public sector entities without distinction. EXIM Bank has worked with Garza Gómez y Asociados, S.C. on several heavily structured EXIM Bank transactions and demonstrated a high degree of competence in the advisory/documentary role. No additional market research was conducted at this time as a review of legal support for EXIM indicated that Garza Gómez y Asociados, S.C. is uniquely positioned to provide the services required for this instance. No other firms were identified that possess similar knowledge of EXIM, its transactions and legal experience with project situated in Mexico. EXIM Bank has been utilizing

Garza Gómez y Asociados, S.C.since 2010 on this particular project and is satisfied with the services being provided.

9. Any Other Facts Supporting The Use of Other than Full and Competition. NA

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition. NA

11. A Statement of the Actions, if any, the Agency May take to Remove or Overcome any barriers to

Competition before Making subsequent acquisitions for the services required.

For the reasons set forth in Paragraph 5, EXIM Bank has no plan at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, the Agency will assess whether competition exists.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona

Fide Need of the Export-Import Bank of the US and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

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13. Approvals in accordance with FAR 6.304

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

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Name Date Title Facility