Spain Vendor Questions and Government Response.pdf

Question Government Response

May a U.S. prime contractor demonstrate the required Spain operating capability through a committed Spanish recovery firm and licensed Spanish legal professionals serving as subcontractors?

Vendors may utilize subcontractors, local counsel, or partner organizations to support performance in Spain; however, the prime Vendor remains responsible for demonstrating a credible ability to perform the requirements and manage those resources as the prime .

Under Factor Two, will the Government evaluate relevant recovery projects performed by the proposed Spanish subcontractor or key personnel? If so, what documentation and commitments should accompany those references?

Factor Two evaluates the Vendor's demonstrated record of performing similar recovery services.

While the Government may consider information regarding proposed subcontractors, local counsel, or key personnel, experience performed solely by those entities will not be evaluated as equivalent to projects performed by the Vendor itself.

Please confirm the anticipated BPA period. The RFQ pricing section references September 30, 2026–September 29, 2031, while the SF 1449 schedule identifies November 1, 2026–October 31, 2031.

The anticipated BPA period is November 1, 2026 through October 31, 2031. Actual dates will be determined at the time of BPA award.

Is additional case-profile information available to support pricing, such as typical claim values, expected case volume, and the anticipated proportion of cases requiring litigation?

No additional case information is available at this time. The Government does not guarantee case volume, claim values, recovery amounts, or litigation frequency, and Vendors should price based on the information provided in the solicitation.

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.

As part of the documents uploaded to the solicitation request on SAM.gov. the file “83310127Q0006+Recovery+BPA+Spain+SF144 9 ” was included. For the sake of clarity, could you please confirm if along with the submission we need to attach the signed standard form 1449 (rev.2/2012)?

Yes. Please submit the completed and signed SF 1449 with your quotation.

Page 3 of the request for quotations requests to submit the chart with the price quotation. However, Appendix A – BPA ESTABLISHMENT PRICING SHEET sets out the same table.

Should we use Appendix A as the format for the separate price quotation?

Yes. Appendix A, BPA Establishment Pricing Sheet, may be used to satisfy the required pricing chart. A separate duplicate pricing table is not required.

Section 2 of RFQ_BPA_Spain_Recovery.pdf requires vendors to submit the pricing chart for CLIN 0001 and CLIN 0002, while Section 5.2 specifically requires a completed BPA Establishment Pricing Sheet. Appendix A provides that pricing sheet with the same two CLINs.

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.

Could you provide an approximate range of the outstanding debt amounts per debtor or assigned case?

For example, are individual claims generally in the range of USD 10,000, USD 100,000, USD 1,000,000, or higher?

EXIM is not providing an estimated debt range. Case-specific information will be provided with the applicable call/order.

What is the estimated average outstanding debt amount per case?

No estimated average is provided.

Could you provide an approximate breakdown of the expected portfolio by claim size, even if only based on historical experience?

EXIM is not providing a projected or historical claim-size distribution.

Regarding the estimated USD 7.5 million aggregate BPA ordering amount over five years, could you clarify whether this represents the anticipated value of contractor services and fees, rather than the total outstanding debt to be recovered?

The approximately $7.5 million figure is the estimated aggregate ordering amount under the BPA, not the face value of debt to be recovered.

Is there an estimated total face value of the outstanding claims that may be assigned under this BPA?

No estimated total face value is provided.

Approximately how many individual cases or debtors are expected to be assigned annually under this BPA?

No minimum or estimated annual case volume is provided.

Are there currently identified outstanding claims involving debtors or assets located in Spain, or will assignments depend on future defaults and recovery needs?

EXIM is not identifying specific cases at this time.

Cases will be identified through individual calls/orders as future defaults recovery needs arise.

Should the selected contractor expect cases to be assigned individually throughout the year, or could several cases be assigned simultaneously?

Either may occur. The RFQ permits multiple calls/orders and supplemental pricing for bundled case assignments.

Based on previous experience, what proportion of assigned cases typically require judicial proceedings rather than being resolved through extrajudicial collection?

EXIM is not providing an estimated or historical litigation percentage.

When a debtor makes a payment, what is the expected payment procedure? Should recovered funds be transferred directly to EXIM Bank, or would the contractor be authorized to receive and subsequently transfer those funds?

Payment procedures will be established in the applicable call/order or Case Assignment Letter.

Payments are made to EXIM, the Vendor invoices for its fee, and EXIM pays off of the invoice.

How is the contractor's Contingency Fee calculated and paid? Does EXIM Bank pay the contractor separately after confirming receipt of recovered funds?

CLIN 0002 is a percentage-based contingency fee payable on successful recoveries. Final payment terms will be established in the applicable call/order.

Payments are made to EXIM, the Vendor invoices for its fee, and EXIM pays off of the invoice.

In cases where a debtor agrees to pay through monthly installments, is the Contingency Fee payable proportionally as each installment is collected, or only once the agreed repayment arrangement has been completed? The contigency fee is earned based on collected funds.

What is the standard payment timeframe for the contractor's Contingency Fee following confirmation of a successful recovery?

Payments to Vendors are paid according to the Prompt Payment act after receipt of an approved invoice.

Regarding the Due Diligence Fee (CLIN 0001), is payment made upon acceptance of the initial due diligence report, or according to another payment milestone?

Acceptance of the initial due diligence report.

Is the Contingency Fee calculated on recovered principal only, or can it also apply to recovered interest, penalties, or other amounts?

The contigency fee is earned based on recovered funds.

In cases requiring litigation in Spain, who is responsible for the legal costs, court-related expenses, enforcement costs, and other associated professional fees?

Extraordinary or unusual expenses require prior written Government approval to be reimbursable.

Where extraordinary litigation expenses are approved in advance by EXIM Bank, are these reimbursed separately from the contractor's Due Diligence Fee and Contingency Fee?

Reimbursement of approved extraordinary or unusual expenses will be governed by the applicable call/order and prior written authorization.

Are routine investigation expenses, asset searches, travel expenses, and local professional fees expected to be included in the Due Diligence Fee, or may certain costs be proposed separately?

The Due Diligence Fee includes the labor, equipment, materials, postage, supervision, expenses and travel required for Task 1.

Extraordinary or unusual expenses require advance written approval.

Can the contractor submit different pricing structures depending on the size, complexity, or recovery stage of each assigned case?

Vendors must provide the required CLIN pricing, but may also submit clearly identified supplemental pricing for bundled assignments or optional follow-on tasks. Pricing is tied directly to successful recovery amounts.

Would EXIM Bank accept a proposal from a Spain-based company acting as the primary contractor and coordinating a network of qualified Spanish law firms, licensed professionals, investigators, and debt recovery specialists?

Yes, provided the vendor satisfies the RFQ requirements, including active SAM registration and the required Spain capability.

Can the relevant past performance of proposed legal or operational partners be considered as part of the evaluation of the contractor's technical capability?

Partner/local-counsel capabilities may support Factor One, Technical and Management Approach. Factor Two evaluates the Vendor's demonstrated past-performance record.

For a company established in Spain, are there any additional eligibility or registration requirements beyond those specified in the solicitation, particularly regarding SAM registration, UEI, and CAGE/NCAGE identification?

Vendors must satisfy the eligibility and registration requirements identified in the RFQ, including active SAM registration, and provide the requested UEI/CAGE information and applicable Spain licensing/authorization information.

If available, could you provide an indicative historical recovery rate for comparable EXIM claims, either in Spain or in similar European jurisdictions?

EXIM is not providing an indicative historical recovery rate.

What is the approximate average time required to achieve a successful recovery in comparable cases?

EXIM is not providing an indicative historical recovery rate.

Are contractors evaluated primarily on the amounts recovered, or are other performance indicators, such as timely reporting, legal strategy, and recovery efforts, equally relevant?

No. Performance encompasses recovery outcomes as well as timely and complete reporting, documented recovery efforts, compliance, and other performance requirements identified in the RFQ.

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