DR Vendor Questions and Government Response.pdf

Question Government Response

Is there any incumbent/recompete or this is a brand-new project? If yes, could you please provide us with their award number or even if the customer bought similar services in the past.

This will be a new BPA.

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.

Subcontracting: My approach is to serve as prime contractor and subcontract the in-country legal and recovery work to a licensed Dominican Republic law firm. Is this subcontracting structure acceptable under the BPA?

The prime Vendor may utilize qualified subcontractors or local counsel to perform in-country services. The prime contractor remains responsible for contract performance and must independently satisfy all requirements applicable to the prime, including FAR 52.219-14 where applicable;

subcontractor capabilities do not substitute for requirements the solicitation specifically requires the prime contractor to demonstrate.

Payment flow: For work performed overseas by a subcontractor, will EXIM issue payment to the prime contractor (who then pays the subcontractor), or does EXIM require direct payment to the subcontractor?

EXIM will make payment to the prime Contractor in accordance with the applicable call/order and BPA terms;

the prime is responsible for payment of its subcontractors under their subcontracting arrangement. The solicitation states that the “Contractor will be paid” for recoveries in accordance with the Case Assignment Letter and applicable requirements.

The RFQ permits the use of Dominican Republic-based local counsel, subcontractors, investigators, partnerships, and other operational arrangements. Please confirm whether a U.S.-based prime contractor may satisfy the Dominican Republic capability requirements through an established teaming/subcontracting arrangement with qualified and properly licensed Dominican Republic local counsel, provided that the prime contractor remains responsible for overall performance and contract administration.

Yes. The prime Vendor may utilize qualified Dominican Republic local counsel, subcontractors, investigators, or other operational partners, provided the Vendor demonstrates the capability to manage those resources and perform the requirement. See Sections

5.1 and 6.1, which specifically contemplate local counsel, partnerships, operational arrangements, and the “management of local counsel, subcontractors, investigators, or operational partners. The prime contractor remains responsible for contract performance and must independently satisfy all requirements applicable to the prime, including FAR 52.219-14 where applicable;

subcontractor capabilities do not substitute for requirements the solicitation specifically requires the prime contractor to demonstrate.

For Factor Two – Past Performance, may the prime contractor submit qualifying Dominican Republic recovery, collection, enforcement, or restructuring projects performed by its proposed local counsel or subcontractor as relevant team past performance, provided that the quotation clearly identifies the entity that performed the work, its role, and its relationship to the proposed team?

Factor Two evaluates the Vendor’s demonstrated record of performing similar services. While the RFQ requires identification of whether submitted work was performed as a prime, subcontractor, local counsel, or other team member, experience performed solely by proposed local counsel or a subcontractor will not be evaluated as equivalent to experience performed by the Vendor itself; see Section 6.2, Factor Two – Past Performance.

If the U.S.-based prime contractor maintains an active SAM.gov registration and is the proposed BPA holder, is the Dominican Republic local counsel or subcontractor also required to maintain a separate SAM.gov registration, UEI, or CAGE Code?

No separate SAM registration is required by this RFQ for local counsel or subcontractors that are not submitting the quotation or becoming the BPA holder. Sections 1.4 and 5.1 require the Vendor to maintain active SAM registration and provide its UEI and CAGE Code; FAR 52.204-7 similarly requires the Offeror to be registered in SAM when submitting its quotation and at award.

For proposal planning and staffing purposes, can EXIM provide any historical or estimated information regarding the anticipated number of Dominican Republic case assignments during the BPA period, typical claim sizes, or the general complexity of the anticipated portfolio? We understand that the BPA does not guarantee any minimum quantity of work.

No additional case-volume, claim-size, or portfolio information is available for release. Section 1.2 states that the estimated aggregate ordering amount is for planning purposes only and is not a minimum or maximum guarantee or promise of future work; each call/order will identify the applicable case, authorized work, deliverables, schedule, and pricing conditions.

For CLIN 0001, please clarify whether the proposed per-case Due Diligence Fee is expected to include the ordinary costs of Dominican Republic local counsel, investigators, asset searches, registry searches, site visits, and similar routine due diligence activities, with only extraordinary or unusual expenses requiring separate advance authorization.

Yes. The CLIN 0001 Due Diligence Fee should account for the ordinary costs necessary to perform the authorized due diligence requirement; PWS Task 1 specifically requires the Contractor to provide “all labor, equipment, materials, postage, supervision, expenses, and travel” necessary for the collection investigation services. Extraordinary or unusual expenses outside the authorized scope are not reimbursable unless approved in writing in advance.

For CLIN 0002, please clarify the basis upon which the contingency fee percentage will be calculated. Specifically, will the percentage apply to all cash amounts actually recovered and received by EXIM, and how will non-cash recoveries, settlements, restructurings, installment payments, or recoveries received after completion of a particular call/order be treated for purposes of calculating the contingency fee?

CLIN 0002 is a percentage of recovered assets, payable only on successful recoveries accepted under the applicable call/order. PWS Task 2 further states that the Contractor will be paid “a percentage of all monies collected” in accordance with the Case Assignment Letter; the specific authorized price and payment terms will be established at the individual call/order level.

The solicitation identifies NAICS code 541110, Offices of Lawyers.

Can a U.S.-registered company that is not itself a law firm submit as the prime contractor if it partners with or subcontracts to a properly licensed Dominican law firm that performs the legal services? If so, are there specific requirements concerning the prime contractor’s qualifications or the allocation of responsibilities?

A U.S.-based Vendor may use qualified Dominican Republic local counsel or subcontractors; however, the prime Vendor remains responsible for overall performance and must demonstrate its ability to manage those resources and satisfy the RFQ requirements; see Sections 5.1 and 6.1

Will EXIM Bank consider the relevant past performance, personnel qualifications, and recovery experience of a proposed subcontractor or teaming partner when evaluating the offeror’s technical capability? If so, what documentation should be provided, and must the subcontractor have a formal commitment or executed agreement in place at the time of submission?

The Government may consider proposed subcontractors, local counsel, and personnel under the technical approach;

however, Factor Two evaluates the Vendor’s demonstrated record, and experience performed solely by another entity will not be evaluated as equivalent to the Vendor’s own experience. See Sections 6.1 and 6.2.

Does EXIM Bank anticipate making a single Blanket Purchase Agreement award or multiple BPA awards under this solicitation?

Additionally, is this requirement intended to replace an existing recovery-services arrangement, supplement existing arrangements, or establish a separate pool of service providers?

EXIM intends to establish one BPA, although the number established, if any, will depend on evaluation results and the Government’s best interests. The RFQ does not state whether the BPA replaces or supplements an existing arrangement; see Section 1.2.

Can EXIM provide an estimated number of cases, anticipated annual workload, or expected distribution of assignments over the BPA’s five-year period? We understand that the estimated aggregate value does not guarantee a minimum volume of work; any additional information about anticipated workload would help us develop a realistic staffing and pricing approach.

No additional estimated case volume or annual workload is provided. Section 1.2 states that the estimated aggregate ordering amount is for planning purposes only and is not a minimum guarantee, maximum guarantee, or promise of future work.

Could EXIM clarify how pricing will be evaluated and how offerors should structure fees for investigative services, out-of-court collections, negotiations, restructuring, and legal proceedings? Specifically, are contingency-based fees or percentages of recovered amounts permitted, or must all services be priced according to the pricing schedule specified in the solicitation?

Vendors must submit CLIN 0001 as a per-case Due Diligence Fee and CLIN 0002 as a contingency percentage, with CLIN 0002 payable only on successful recoveries.

Alternative or supplemental pricing may also be proposed; see Sections 2 and 5.2.

When litigation or enforcement proceedings are authorized in writing, how should offerors account for court fees, filing expenses, expert fees, local counsel costs, and other third-party expenses? Are these expenses reimbursable separately, or must they be incorporated into the proposed service rates? Are prior written approvals required for each category of expense?

Extraordinary or unusual expenses, including litigation expenses outside the authorized scope, are not reimbursable unless approved in writing in advance by the Contracting Officer or other authorized official. See Section 2 and PWS Additional Information.

Can personnel employed by a Dominican subcontractor perform services remotely from the Dominican Republic, subject to EXIM’s security and access requirements? Please clarify any citizenship, residency, background investigation, PIV credential, or other eligibility requirements that apply to foreign-based personnel who may need access to EXIM systems or case information.

The RFQ permits performance in the Dominican Republic and requires the Contractor to furnish necessary personnel and resources. The RFQ does not specify separate citizenship, residency, PIV, or background-investigation requirements for foreign-based personnel; see Section 1.7 and the PWS.

Are there specific registration, tax documentation, banking, currency, or invoicing requirements for a U.S. prime contractor performing services through a Dominican subcontractor? Please also clarify whether any special requirements apply to payments to foreign subcontractors or to invoices submitted by a U.S. contractor for services performed abroad.

The Vendor must comply with the registration, invoicing, and currency requirements in Sections 1.3, 1.4, and 5.1, including applicable SAM requirements and use of U.S. dollars. The RFQ does not establish separate Government payment procedures for the prime contractor’s foreign subcontractors

Beyond the remote-work, connectivity, and virtual desktop requirements identified in the solicitation, are there additional security, data-storage, document-transfer, or confidentiality requirements that apply to Dominican-based subcontractors and their personnel? Must subcontractors receive separate approval before accessing case records or EXIM systems?

Vendors must address information security, communications, reporting, and records handling as required by the RFQ. The RFQ does not establish a separate approval process for subcontractor access to EXIM systems or case records; see Section 6.1 and Appendix C

How will EXIM measure satisfactory performance for assigned recovery cases? For example, will performance be assessed primarily by amounts recovered, timeliness, quality of investigative findings, compliance with reporting requirements, negotiated resolutions, or a combination of these factors? Are there specified reporting intervals or service-level expectations beyond those expressly stated in the solicitation?

Performance will be measured using the standards identified in the PWS, including timeliness, completeness and quality of deliverables, documented collection efforts, reporting compliance, and authorization requirements. See PWS Sections 8 and 9 for the applicable deliverables, reporting intervals, performance standards, and acceptable quality levels.

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