Brazil Vendor Questions and Government Response.pdf

Question Government Response Does the Government anticipate establishing a single BPA or multiple BPAs per country?

RFQ Section 1.2 states that EXIM intends to establish one BPA.

Can the Government provide the anticipated annual case volume and the typical or aggregate value of claims expected to be referred under each country BPA?

RFQ Section 1.2 states that the estimated aggregate ordering amount is provided for planning purposes only and is not a minimum guarantee, maximum guarantee, or promise of future work; individual cases will be identified through calls/orders.

The RFQ body and the SF 1449 CLINs state slightly different estimated periods of performance (e.g., November 15, 2026 start versus November 1, 2026).

Please confirm the anticipated effective date.

The anticipated BPA period is five years from the effective date stated in the resulting BPA.

Will past performance of a proposed local counsel/subcontractor partner be considered under Factor Two where the offeror presents it as proposed subcontractor capability, separately identified from the offeror’s own record?

No. Factor Two evaluates the Vendor’s demonstrated past performance record.

Experience and capabilities of proposed local counsel or subcontractors may be addressed under Factor One, Technical and Management Approach, as applicable.

Is any preliminary information available regarding the anticipated caseload, debt amounts, borrowers, guarantors, and collateral?

No additional case-specific or portfolio information is available for release at this time. Specific case information will be provided, as applicable, with individual BPA call/order requests. Section 1.2 states that each call/order will identify the applicable case and case-specific conditions, and PWS Section 6.0 states that EXIM will provide the contractor with the specifics of the case to be recovered.

What commercial arrangement are you proposing, including the allocation of due diligence fees, recovery-based compensation, litigation costs, and other expenses?

The contemplated arrangement is a per-case Due Diligence Fee (CLIN 0001) and a Contingency Fee based on successful recoveries (CLIN 0002). Each call/order will establish final authorized pricing and payment terms; extraordinary or unusual expenses, including litigation expenses outside the authorized scope, require advance written Government approval to be reimbursable. Sections 2 and 7 identify the pricing structure and provide that extraordinary or unusual expenses are not reimbursable unless approved in writing in advance. The RFQ also permits vendors to propose supplemental or alternative pricing while still providing the required CLIN pricing.

To calibrate investigation resources, could EXIM provide indicative balance and debt-age bands, geographic concentration, expected assignment volume, and the mix of operating, insolvent, secured and unsecured obligors? For per-case pricing, does one case encompass a single underlying claim and its guarantors, or can it include multiple debts, obligors and proceedings? A redacted representative file would be particularly helpful.

No additional portfolio or case-volume information, including a representative case file, is available for release; each call/order will identify the applicable case, authorized work, deliverables, schedule, pricing, and other case-specific conditions. Recovery cases normally involves a single claim. On accasion there are multiple claims involving the same debtor or related parties. Those instances are treated as a single case and recoveries are applied on a prorated basis according to the total debt amount.

Please confirm whether a U.S. non-law-firm prime may propose an affiliated, OAB-registered Brazilian law firm to perform all reserved legal services, with direct EXIM access to the named attorneys. May the two past-performance projects be those of the proposed Brazilian firm where its personnel will perform the relevant work, and what commitment documentation should accompany them?

The Vendor may propose Brazil-based local counsel and must demonstrate access to properly licensed or legally authorized professionals and its ability to manage local counsel or subcontractors; see Sections 4.2, 5.1, and 6.1.

Factor Two evaluates the Vendor’s demonstrated record, and submitted projects must identify the Vendor’s role, including whether work was performed as prime, subcontractor, local counsel, or other team member; see Section 6.2.

What core documents will normally accompany a call request—for example, claim-payment and transfer records, debt instruments, guarantees, security documents, payment history and prior proceedings? Where a limitation deadline or asset-dissipation risk arises during investigation, what expedited channel should counsel use to obtain the required written approvals for protective measures, and how should material missing records be reflected in the call schedule?

Case-specific information will be provided with the applicable assignment, but the RFQ does not specify a standard set of documents that will accompany every call/order. Litigation requires written instructions from AMD and OGC, and only the Contracting Officer or an expressly authorized official may modify a call/order; see PWS Sections 6.0–7.0 and RFQ Section 7.

For an alternative plan, may vendors submit fixed investigation tiers defined by objective complexity criteria and replacement contingency rates for amicable recovery, first-instance proceedings, and appellate or higher-court work? What base entries should appear in CLINs 0001 and 0002, and what common assumptions will EXIM use to compare such plans? We envisage written authorization before a higher stage and no retroactive increase on prior receipts.

Vendors may propose alternative or supplemental pricing, but must still submit pricing for CLIN 0001 and CLIN 0002; each call/order will establish the final authorized price and payment terms. Price will be evaluated for fairness and reasonableness and may be assessed for consistency with the technical approach and Brazil-specific risks and complexity; see Section 6.3.

Please clarify whether the contingency base is recovered principal alone or also includes collected interest and other debtor payments.

How will calls address payments made directly to EXIM, installments, noncash assets, and recoveries attributable to authorized work received after termination? Clear attribution and acceptance rules would allow the recovery ledger to reconcile precisely with EXIM’s records.

PWS Task 2 states that the Contractor will be paid a percentage of“all monies collected” in accordance with the Case Assignment Letter and applicable pricing arrangement, while CLIN 0002 is payable only on recoveries accepted under the applicable call/order. Specific payment and attribution terms not otherwise defined in the RFQ will be established in the applicable call/order or Case Assignment Letter.

We understand ordinary investigation costs are included and extraordinary expenses require advance written approval. For authorized litigation, will calls distinguish court filing fees, experts, security or bonds, and other approved third-party expenses from the professional contingency fee? May an itemized litigation budget establish approved limits, and which official may authorize urgent changes?

Extraordinary or unusual expenses, including litigation expenses outside the authorized scope, are not reimbursable unless approved in writing in advance, and the Litigation Request Form must include supporting rationale and estimated costs before litigation or extraordinary expenses are incurred. The Contracting Officer, or another Government official expressly authorized in the call/order, is the authorized official for such changes or expenses; see Section 7 and PWS Sections 8–9.

Sheet1