S01_PWS-Sanfrut_-_Redacted.pdf

EXPORT-IMPORT BANK ON BEHALF OF

OFFICE OF THE BOARD OF DIRECTORS TO PROVIDE RECOVERY

PERFORMANCE WORK STATEMENT (PWS)

April 10, 2019

1.0 INTRODUCTION

EXIM Bank seeks to contract for loan recovery assistance from a recovery firm principally collecting balances of certain paid claims under its credit guarantee and insurance programs.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform loan recovery services of an EXIM Bank defaulted debt of $185,000.00 [EXIM Bank Claim No.

I200425] from Sanfrut SA de CV located in Mexico, as defined in this Performance Work Statement except for those items specified as Government furnished property and services.

2.0 BACKGROUND

(a) The Export-Import Bank of the United States (“EXIM Bank”) supports the financing of U.S.

goods and services. It assumes credit and country risks the private sector is unable or unwilling to accept. In covering these risks EXIM Bank pays on claims related to insurance policies and guarantees. Upon payment of the claim it becomes the responsibility of the Asset Recovery Group (“ARG”) within the Asset Management Division of EXIM Bank (“AMD”) to seek repayment from the debtor and/or guarantors.

(b) Throughout this document the term “recovery officer(s)” will be used. For the purposes of this document, recovery officer(s) refers to the International Recovery Officers, Working Capital Officers, and Managing Director – Recoveries; within ARG.

3.0 SCOPE

The contractor shall provide collection services and servicing of defaulted loans which may include borrower negotiations, restructuring, and workout agreements. The Contractor shall provide the following but not limited to provide loan recovery services, institute legal proceedings, provide credit restructuring services and take such other actions required to effect recovery for EXIM Bank.

4.0 OBJECTIVES (NATURE OF WORK)

To recover a s s e t s , institute legal proceedings and/or provide credit restructuring related to the claim(s), involving the d e b t o r and guarantor(s).

Desired Outcome: Recovery of outstanding debt

Constraints: Debtor failed to comply with a restructured repayment agreement.

5.0 APPLICABLE DIRECTIVES

Full knowledge of the Mexico judicial system, duly qualified / registered attorney in Mexico.

6.0 GOVERNMENT FURNISHED INFORMATION OR PROPERTY

EXIM Bank will notify contractor by email from the COR as to the specifics of case to be recovered.

7.0 SPECIFIC REQUIREMENTS/TASKS

The firm is to attempt recovery on behalf of and, if provided EXIM Bank' s express instruction to do so, institute legal proceedings and/or provide credit restructuring services to EXIM Bank's Asset Management Division ("AMD") related to the referenced claim(s), involving the referenced debtor and guarantor(s), located in M e x i co .

The firm shall take such other action as AMD may require to effect recovery for EXIM Bank. The firm is instructed to: (i) perform a preliminary research and evaluation of the case, including, but not limited to, asset search, credit analysis and legal actions registered against the Obligor; (ii)attempt extrajudicial collection of the claim amount within 90 days of the date hereof and report the results of such attempt to AMD in acceptable format; and

(iii) under written instructions received from AMD, file legal proceedings against the Debtor and the Guarantors if the firm is unable to effect an extrajudicial collection of all amounts due under the claim.

Task 1:

The Contractor shall provide all labor, equipment, materials, postage, supervision, expenses, and travel necessary to conduct collection investigation services for EXIM Bank on the above stated case(s). Before beginning the recovery and collection services, the Contractor shall prepare and forward a written report to the Requesting Officer, outlining the plan for recovery and estimated amount of the defaulted principal that is collectable. Legal services shall be in accordance with the Statement of Work.

Contractor’s written report shall be submitted in the suggested format and shall be presented within 60 days of execution of Contract.

Task 2: Filing Fee(s) This Line Item will be activated by means of a modification only from EXIM Bank's contracting office. The Contractor will forward a written report to EXIM Bank's Requesting Officer, which will outline the costs and risks associated with the anticipated filing fee(s).

Task 3: Payment for Recovery of Defaulted Principal The Contractor will forward a written report to EXIM Bank's Requesting Officer, which will outline payment and/or payment methods associated with the recovery of the Defaulted Principal Amount. The Contractor will be paid a percentage of all monies collected in accordance with the Case Assignment Letter and in accordance with the Contractor's written report as required by Line Item 0001.

Additional information:

If litigation is required, Contractor shall submit a completed Litigation Request Form in English to AMD for internal approval and authority to proceed. Extraordinary and unusual expenses incurred by Contractor that are outside of the scope of this contract shall be agreed upon in writing in advance or shall not be considered reimbursable expenses.

8.0 DELIVERABLES

Lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, and format. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes. Note: All PWS deliverables should be included in this table. Contractor should include in their proposed schedule a time for the Government to review.

Item # Deliverable Section Format/

Quantities Due Date

Meet every semester with recovery officer Eric Bernard and EXIM Bank’s

OGC

Report on litigation proceedings / outcome

Task 1, 2, 3 Twice a year Once in Mexico and once in Washington, D.C.

9.0 PERFORMANCE REQUIREMENT SUMMARY (PRS)

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Task or Deliverable

Performance Standard

Acceptable Quality Level (AQL)

Surveillance Method

Performance Rating Incentives/Dis incentives

Litigation Performance rating will be based upon the ability of the Contractor to respond to the request and timeliness of the response.

99% Surveillance by EXIM Bank COR will be performed on a monthly

Exceptional (greater than 99.8%)

Very Good (between 99.8% and 96%);

Satisfactory (between 95.9% and 92%)

Contingency fee of 15% on actual cash recoveries

Marginal (between 91.9% and 90%

Unsatisfactory (less than 90%).

Schedule Every 6 months

All deliverables as described in the PWS and specified

100% Inspection

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Ongoing as per Contract

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

Exceptional Very Good Satisfactory Marginal Unsatisfactory

As stated in Contract – contingency fee 15% on actual cash recoveries

Business Relations

Professional and respectful of all parties

Regular and ad-hoc meetings between contractor and Government

Semi-Annual Performance Evaluation

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Ongoing

Manageme nt of Key Personnel

Appropriate credentials for the work involved.

Regular and ad-hoc meetings between contractor and Government as needed

Semi-Annual Performance Evaluation

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Ongoing