JOFOC_IR_Brazil_G776114_Final_Redacted.pdf

authorities, as is the case when the Competition in Contracting Act applies.] For actions exceeding the simplified acquisition threshold procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901

(x) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

5. Demonstration that the Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The contract action involves collecting on EXIM claim in a foreign country. It is imperative to hire local counsel in where the claims are to be monitored/litigated with experience in: locating assets, especially potential hidden assets, and embargoing and executing upon such assets; drafting and negotiating restructuring agreements appropriate for debtors of the type in this matter; and litigating the collection matter in all levels of courts throughout the country. It is also imperative that the local counsel have experience handling collection matters of this sort on behalf of foreign entities, and especially foreign government entities such as EXIM Bank, because such representation often raises issues and creates legal risks for the foreign government entity. These risks include the risk of counter-suits, referrals for criminal prosecution, and withholding tax questions.

procedures so as to avoid problems with payment procedures, handling of funds, facilitation of payments, and fraud.

The firm of in the and its local office in is uniquely qualified to pursue these cases in . The

Contractor has extensive experience in dealing with the complex U.S. Government administrative requirements. The contractor is certified to complete this type of work under law. is registered in SAM. Finally, has experience in recovery matters in . The contractor possesses a comprehensive understanding of work under this procurement. will not require a familiarization period or training prior to immediately commencing performance of the Performance Work Statement. Accordingly, is the only firm capable of providing the services described in Section 3 above without EXIM Bank experiencing duplication of cost for familiarization/training nor unacceptable delays in fulfilling its requirements.

Getting a quick start in assigning a new claim to a contractor in a foreign country is key.

By the time an insured files a claim with EXIM Bank and the time that it is reviewed by the Claim Processing unit and paid by the OCFO a few months at least may have lapsed, not taking into consideration the time from the last shipment to the buyer, which could very well add nine months to the process. By the time the RO receives the claim for collection close to one year may have gone by before any attempt is made to collect from the foreign buyer, a definite disadvantage to the taxpayer. A debtor may be in hiding, it could have sold the company/operating under a different name, it may have transferred assets to avoid collection, its financial condition may have suddenly changed and/or its local

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

No other sources expressed interest, in writing, in this acquisition.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required :

For the reasons set forth in Paragraph 5, EXIM Bank has no plan at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, the Agency will assess whether competition exists.

12. Requirements Certification:

I certify that the requirement outlined in this justification is a Bona Fide Need of the Export-Import Bank of the US and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Name:

Title:

Facility:

13. Approvals in accordance with FAR 13.501: Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name:

Title:

Facility: