Recovery BPA Questions .pdf

Question Government response

On page 4, it indicates that I should send that page with the quotation.

Yes. Offerors shall complete and submit the pricing page included in the solicitation as part of their quotation. Offerors may provide additional pricing scenarios or options, as applicable, to support future call orders.

I was planning to send the quotation (indicated on page 4) as an attachment to the main cover letter.

Yes. The completed pricing page may be submitted as an attachment to the quotation package.

Should I send my SAM code as an attachment to the main cover letter?

Yes. Offerors should provide evidence of an active SAM registration as part of their quotation submission.

Could you please clarify whether contractors could propose a combination of fixed prices and contingency fees for different stages or components of the same recovery process?

Example: Fixed price for the entire credit verification stage in a bankruptcy or insolvency proceeding, and then collection and transfer of funds, all from the same debtor.

Offerors shall provide pricing in accordance with the pricing schedule in the solicitation. CLIN 0001 is for the Due Diligence Fee (fixed price per case), and CLIN 0002 is for the Contingency Fee (percentage of recovery).

Could please you clarify what information is expected for the "First Reference" and "Second Reference" listed in Appendix A – Supplier Past Performance Questionnaire? Is the debtor's contact information?

No. The references should be points of contact who can verify the offeror's performance on the referenced Federal Government project. Examples include the Contracting Officer, Contracting Officer's Representative (COR), Program Manager, or other Government technical representative.

Could you please clarify whether the two (2) projects, completed or ongoing, for the U.S.

Federal Government must have been performed exclusively by the supplier as the prime contractor?

Yes. The required Federal Government projects must have been performed by the offeror in its capacity as the prime contractor.

Subcontractor experience will not satisfy this requirement.

Could you clarify which costs and expenses are expected to be included in the proposed Contingency Fee and which expenses may be reimbursable separately under the individual BPA Orders ?

Offerors shall propose their contingency fee percentage. Any costs not included in the proposed fee structure must be clearly identified by the offeror. Reimbursement of costs, if any, will be addressed at the call order level.

Recovery BPA Soliciation 83310126Q0058 Questions

Could you please clarify whether any expenses will be included in the Due Diligence Fee and/or the Contingency Fee?

Offerors shall propose fully burdened pricing. Proposed Due Diligence Fees and Contingency Fees should include all costs associated with performing the applicable services unless otherwise identified in the quotation.

In particular, in the event that litigation becomes necessary, would court fees, legal charges, and other litigation-related expenses be covered by the Contingency Fee, or would these be charged separately?

Litigation-related costs and expenses, if applicable, will be addressed at the call order level. Offerors should clearly identify any assumptions regarding such costs in their quotation.

As I understand it, the RFQ contemplates that the Contingency Fee will become payable only upon a successful recovery. Could you please confirm how the fee arrangement would operate in the event that no recovery is achieved?

The Contingency Fee is payable only upon a successful recovery.

If no recovery is achieved, no Contingency Fee will be paid.

Furthermore, given that litigation may be a lengthy process, would there be any provision for interim or advance payments during the course of the proceedings, or would the Contingency Fee become payable exclusively upon a successful recovery?

No. The Contingency Fee is payable only upon a successful recovery. Interim or advance payments are not contemplated under this fee arrangement.

Could EXIM provide the approximate aggregate value of the recovery portfolio anticipated under this BPA?

The estimated aggregate value of this BPA is identified in the solicitation. Offerors should refer to the Not-to-Exceed (NTE) amount stated therein.

Is there an estimated number or range of individual recovery cases that may be assigned to each BPA holder annually or over the five-year BPA period?

No estimate is available. The number of future call orders and recovery matters will depend on EXIM's requirements and cannot be predicted.

Can EXIM provide an approximate range or average value of the individual claims expected to be assigned under the BPA?

No estimate is available. The value of future claims will vary and cannot be predicted at this time.

What types of obligors are generally expected under this requirement—for example, private corporations, financial institutions, individuals, sovereign or quasi-sovereign entities, or a combination thereof?

Future assignments may involve a variety of obligor types, including private corporations, financial institutions, individuals, sovereign entities, quasi-sovereign entities, or other parties.

EXIM cannot predict the types of obligors that may be associated with future recovery matters.

Can EXIM identify the countries or regions in which it currently anticipates the greatest volume of recovery activity? If specific countries cannot yet be identified, would EXIM be able to provide a historical or representative geographic distribution of cases?

No. EXIM cannot predict the countries or regions in which future recovery matters may arise. Recovery matters may arise in any location where EXIM has exposure requiring recovery services.

Are the anticipated assignments primarily expected to be pre-litigation recovery matters, or will some assignments involve existing judgments, arbitral awards, or other enforceable decisions requiring recognition and enforcement?

It is not possible to predict the nature of future assignments.

Individual call orders may involve pre-litigation recovery efforts, enforcement of judgments or arbitral awards, insolvency proceedings, or other recovery-related matters depending on EXIM's requirements at the time of issuance.

Does EXIM anticipate that any material portion of the portfolio will involve debtors or guarantors currently subject to bankruptcy, insolvency, receivership, or similar proceedings? If so, can EXIM provide an approximate volume and the principal jurisdictions involved?

It is not possible to predict the volume, jurisdiction, or nature of future assignments. Cases may involve bankruptcy, insolvency, receivership, or similar proceedings.

Would EXIM be able to provide a representative or redacted sample case package, claim summary, or other sample documentation to assist vendors in understanding the nature, complexity, and enforceability of the anticipated assignments?

No. The Government will not provide sample case files or claim documentation. Requirements and supporting documentation, as applicable, will be provided at the call order level.

The revised RFQ states that, for each country proposed, the vendor must provide at least two U.S. Federal Government projects demonstrating successful recovery, enforcement, or collection activities in that country on which the vendor was the prime contractor.

Correct. To be considered for a proposed country, the vendor must demonstrate at least two (2) completed or ongoing U.S.

Federal Government projects involving successful recovery, enforcement, or collection activities in that country for which the vendor served as the prime contractor.

Page 4 requests both a Due Diligence Fee per case and a Contingency Fee percentage for BPA establishment evaluation pricing. However, the Pricing section later states that contingency fee percentages will be proposed at the BPA establishment phase and that pricing will be requested at the call/order level.

Vendors shall propose both a Due Diligence Fee per case and a Contingency Fee percentage as part of their BPA quotation for evaluation and BPA establishment purposes. Additional case-specific pricing, if required, may be requested at the call/order level in accordance with the BPA ordering procedures.

Please clarify whether vendors are required to provide a firm Due Diligence Fee per case at the BPA establishment stage, or whether the Due Diligence Fee will also be established at the individual BPA call/order level.

Vendors shall propose a Due Diligence Fee as part of their BPA quotation. This fee will be evaluated and incorporated into the BPA pricing structure. Individual calls/orders will be issued in accordance with the terms of the BPA.

1. The NAICS Code listed for this RFQ is 541110 (Offices of Lawyers) but does not include NAICS Code 561440 which is for collections and debt recovery. A substantial amount of the Performance Work Statement involves extrajudicial debt recovery activities, including investigations, site visits, and credit restructuring. Why is this RFQ limited only for law firms when international third-party collection firms provide these services and manage local attorneys through the litigation process? Limiting the NAICS Code to one category of professionals limits the breadth of country coverages when only issuing up to eight awardees (p.2).

EXIM selected NAICS Code 541110 based on the principal purpose of the requirement. The Government anticipates adequate competition under this NAICS code and expects multiple quotations. Additionally, the solicitation contemplates up to eight (8) BPA awards, which the Government considers sufficient to support anticipated requirements. Accordingly, the NAICS code will not be revised.

1. The Performance Work Statement (PWS) does not cite that awardees must have the NAICS Code 541110 as a condition of the award. The work description and work requirements can be completed by experienced third-party collection firms with international credentials that are not organized as law firms but have internal legal staff.

Please clarify why there are not multiple NAICS Codes for this RFQ based upon the PWS.

The Government determined that a single NAICS code is appropriate for this acquisition and selected NAICS Code 541110 as the NAICS that best represents the principal purpose of the requirement. While portions of the PWS may involve activities performed by firms operating under other NAICS codes, the Government does not intend to add additional NAICS codes to this solicitation.

Can EXIM Bank provide aggregate information regarding the current inventory of paid claims awaiting placement for recovery, including the approximate number of accounts and total dollar value by country or region, without identifying individual debtors?

No. The Government will not provide data regarding current or anticipated recovery inventories, accounts, claim values, or country-specific distributions.

What countries does EXIM Bank anticipate placing accounts for recovery in over the next 12 to 24 months?

EXIM cannot predict the countries in which future recovery matters may arise. Recovery services may be required in any country where EXIM has exposure and requires recovery assistance.

What is the anticipated frequency and volume of BPA call orders per awardee once the BPAs are established?

The frequency and volume of future call orders cannot be predicted and will depend on EXIM's requirements.

Is there an existing BPA or contract currently in place for these services, and if so, will the incumbent's accounts or backlog transition to the newly awarded vendors at the start of the new BPA period?

The Government makes no representation regarding future assignment of recovery matters. Any future call orders will be issued in accordance with the terms of the BPA.

Given widely varying legal systems, enforcement mechanisms, local counsel costs, filing fees, and recovery complexity across jurisdictions, may BPA holders submit country-specific pricing at the call-order level even if a single pricing schedule is provided at BPA establishment?

Offerors shall submit pricing in accordance with the solicitation.

Future call orders will be issued in accordance with the terms and conditions of the BPA.

Since evaluation may occur on a country-by-country basis, can a vendor be awarded a BPA covering only the subset of proposed countries where its quotation is rated favorably, even if other proposed countries are rated Unsatisfactory?

The Government may make awards for specific countries based on the results of the evaluation and the terms of the solicitation.

May a vendor request to add countries of capability after BPA establishment, or is the country list fixed to what is submitted in the initial quotation for the life of the BPA?

Only countries proposed and accepted at the time of BPA award will be considered within the scope of the BPA.

Since many international collection firms recover debts for banks, ECAs, insurers, and trade finance institutions, are there any country-specific, debtor-specific, or industry-specific conflict restrictions anticipated under future call orders that may affect eligibility to bid on individual assignments?

Potential organizational conflicts of interest, if any, will be evaluated at the time of the individual call order.

For the requirement of two completed or ongoing projects per proposed country, would a single federal contract or call order that covers multiple countries count as satisfying the requirement for each of those countries individually, or would a second, separate project still be required per country?

A project that includes work in multiple countries may be counted toward the experience requirement for each applicable country. However, offerors must demonstrate at least two (2) completed or ongoing U.S. Federal Government projects involving successful recovery, enforcement, or collection activities in each proposed country. A single project alone will not satisfy the two-project requirement for a proposed country.

For regional or cross-border past performance submissions, what level of detail is expected to demonstrate applicability to a newly proposed country that was not directly covered by the referenced project?

Offerors should provide sufficient detail to demonstrate the relevance of the referenced work to the proposed country. The Government will evaluate the submission in accordance with the solicitation.

Is the two-page Vendor Past Performance Questionnaire in Appendix A intended to be the sole format for reference verification, or may vendors submit supplemental documentation alongside it?

Offerors may submit supplemental documentation; however, the Government will evaluate quotations in accordance with the solicitation requirements.

Please confirm whether the requirement for two projects applies on a per-country basis or whether two representative projects demonstrating multinational recovery capabilities satisfy the requirement for multiple proposed countries.

The requirement applies on a per-country basis. Offerors must demonstrate the required experience for each country proposed.

Is there a practical limit to the number of countries a vendor may propose for support under a single quotation?

No. However, offerors must demonstrate compliance with all solicitation requirements for each country proposed.

What factors will determine which BPA holders are solicited for individual call-order competitions when multiple BPA holders demonstrate capability in the same country?

Call orders will be issued in accordance with the BPA ordering procedures and applicable regulations.

Does EXIM anticipate issuing each call order to all BPA holders qualified in a country or only to a limited subset?

Call orders will be competed and awarded in accordance with the BPA ordering procedures and applicable regulations.

Please confirm the intended methodology for calculating the Contingency Fee.

The Contingency Fee percentage will be applied to the amount successfully recovered by the contractor.

May vendors propose country- or region-specific Due Diligence Fees and Contingency Fee percentages?

Offerors may propose country-specific pricing in accordance with the pricing schedule provided in the solicitation.

Are translation costs, local filing fees, court costs, and travel expenses expected to be absorbed within the Due Diligence Fee and Contingency Fee?

Offerors should propose pricing in accordance with the solicitation. Any assumptions regarding costs or expenses should be clearly identified in the quotation.

Can EXIM Bank share a representative range of claim or case values?

No. The value of future recovery matters cannot be predicted.

Can EXIM provide examples of extraordinary and unusual expenses?

Examples may include court filing fees, translation costs, expert witness fees, local counsel expenses, or similar costs requiring prior Government approval.

Is there a standard template for the Litigation Request Form?

No. The contractor may submit a proposed format for Government review and approval.

Does the 60-calendar-day clock begin with each call order?

The 60-calendar-day requirement applies to each individual call order, unless otherwise specified.

If a debtor pays EXIM directly, how will the contractor receive its contingency fee?

The Government will address payment verification and invoicing procedures at the call-order level.

What is EXIM Bank's typical review timeframe for Litigation Request Forms and extraordinary expenses?

Review timeframes will vary depending on the circumstances of the request.

Please identify the incumbent contractor(s), contract number(s), period of performance, and approximate annual recovery volume.

The Government will not provide incumbent information.

Is there a page limit for the Technical Quotation as a whole?

See Soliciation. Offerors should provide sufficient information to permit evaluation in accordance with the solicitation requirements.

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