AMD PWS Comercializadora de Resinas G761684 Mexico and RV Negociaciones I201240 Peru 2_Redacted.pdf

d. The Contractor shall conduct a preliminary research /evaluation of the case, including, but not limited to, asset search, credit analysis and legal actions registered against the obligor.

e. The Contractor shall submit invoicing for this Task 1 effort no earlier than submission of due diligence report. Compensation for this is the negotiated fee of ; split as follows: for Claim G761684, and for Claim I201240 respectively.

Task 2 – The Contractor shall recover Defaulted Debt per Contingency Fee Basis

a. The Contractor shall attempt extrajudicial collection of the debt within 10 business days of the Recovery Officer’s authorization to proceed and report the results of such attempts to the Recoveries Group, Asset Management Division.

b. The Contractor shall provide a written brief (preferably in English) via email to EXIM Bank’s COR on a frequent basis, at a minimum on a quarterly basis for active cases. The reports should discuss the life cycle of the cases and enable the COR to understand the particular situations surrounding the progress of the case. The COR will also monitor the work of the Contractor through periodic site trips.

c. The Contractor shall provide a Collected Funds report not later than fifteen (15) calendar days after notifying COR notification of incoming funds and identify fee to be received based on percentage of all monies actually collected in accordance with the Assignment email.

d. Contractor understands compensation for Task 2 services is limited to the negotiated contingency fee percentage of Applicable only to G761684 –

. No expenses will be reimbursed unless approved by COR. These expenses are to be determined on a case by case basis.

Task 3 – The Contractor shall conduct Litigation – applicable only to G761684 –

a. Prior to taking legal action and incurring related costs, the Contractor shall request and obtain in writing the approval from the Recoveries Group, Asset Management Division and EXIM Bank’s Office of the General Counsel through the Litigation Request Form.

Once authorized, the Contractor shall file legal proceedings against the Debtor [and the Guarantors].

b. The Contractor shall provide a break-down of anticipated work/cost on a Litigation Request Form. The Government will review the Form to determine the acceptability of request/cost. Once the Contractor is authorized by EXIM Bank to pursue litigation against a debtor, work of this nature can be completed by the Contractor.

c. Contractor understands compensation for Task 3 services is divided in two sections: 1.

Legal expenses, approved in advance; 2. Negotiated contingency fee percentage applied to the total amount collected. (See Task 2 paragraph d.)

d. Contractor understands EXIM may direct that litigation be commenced soon after assignment of case if deemed to be in the best interest of the Government.

8.0 CONTRACTOR QUALIFICATIONS

accuracy.

Regular and ad-hoc meetings between contractor and Government as needed and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

Unsatisfactory (less than 90%).

Written Brief for active Cases

Complete, accurate and timely

All cases accounted for

100% accuracy.

All deliverables as described in the PWS and specified in the approved Schedule of Deliverables

Surveillance by EXIM Bank COR will be performed as the Event occurs.

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

Positive or negative CPARS rating

Collected Funds report

Complete, accurate and timely

Accurate accounting of expenses.

100%

All deliverables as described in the PWS and specified in the approved Schedule of Deliverables

Surveillance by EXIM Bank COR via portfolio monitoring of existing outstanding claims as well as site visits.

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

CPARS rating

Unrecovered cases might be recalled back to EXIM Bank’s portfolio and Contractor instructed to “Cease and Desist” from any further recovery efforts.

Task 3:

Provide Litigation

Timeliness, complete and thorough record keeping, good communicatio n.

100% Compliance with Mexico Law and Peruvian law respectively, thoroughness and accuracy.

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

Surveillance by EXIM Bank COR will be performed as the Event occurs.

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

CPARS rating

Litigation Request Form with break-down of anticipated work/cost

Complete, accurate and timely

Clear breakdown of projected expenses.

100%

All deliverables as described in the PWS and specified in the approved Schedule of Deliverables

Surveillance by EXIM Bank COR will be performed as the Event occurs.

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

CPARS rating

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

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

CPARS rating

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

Managemen t of Key Personnel

Appropriate credentials for the work involved Attends scheduled meetings if needed

Available for ad-hoc meetings as necessary for contractual concerns

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

Semi-Annual Performance Evaluation

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

CPARS rating