Justification_Redacted.pdf

EXPORT-IMPORT BANK OF THE US

Sole Source Justification

Commercial Services Acquisition under FAR 13.106-1(b) and FAR 13.501

1. Contracting Activity:

The requirement is being conducted by the Export Import Bank of the United States, Office of Contracting Services (OCS) at 811 Vermont Avenue, NW, Washington, D.C. 20571.

2. Nature and/or Description of the Action Being Processed:

The purpose of this Justification is to award a follow on Firm Fixed Price (FFP) Purchase order to the Bertone/Del Franco Law Firm in Argentina to provide legal recovery services to assist EXIM in its efforts to collect outstanding amounts owed to EXIM by the obligor/buyer and all guarantors, if any. These efforts will include, asset searches, site visits, negotiations, litigation, documentation of agreements, embargoing assets and executing upon assets.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The Contractor is required to provide all professional services, including all labor, materials, postage, tools, travel, supervision, and incur expenses necessary that entail the judicial process to undertake the asset recovery Scope of Work. The contractor shall perform non-personal services necessary to perform collection on EXIM Bank’s defaulted loan of Claim Nos: G086774 to Wind Power/IMPSAT located in Argentina/Brazil. The Contactor shall attempt recovery on behalf of EXIM Bank and, if provided EXIM Bank’s express instruction to do so, institute legal proceedings and/or provide credit restructuring services to EXIM Bank’s Recoveries Group, Asset Management Division (“AMD”) related to the referenced claim, involving the referenced debtor and guarantor(s), located in Argentina/Brazil. The estimated value for this contract is

Period of Performance for this contract will be five (5) years.

4. Statutory Authority:

In accordance with Federal Acquisition Regulation (FAR) Part 13: Simplified Acquisition Procedures (SAP), the Export Import Bank of the United States (EXIM), intends to conduct a sole source/limited source procurement for commercial services of outside (private sector) legal counsel.

( x) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( ) (2) Unusual and Compelling Urgency ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) (4) International Agreement ( ) (5) Authorized or Required by Statute ( ) (6) National Security ( ) (7) Public Interest

5. Demonstration that the Contractor’s 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 Bank’s claim in a foreign country. It is imperative to hire local counsel in Argentina/Brazil where the claim is to be 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 debtor’s 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. Additionally, it is imperative to hire local counsel that is familiar with EXIM Bank’s policies and procedures so as to avoid problems with payment procedures, handling of funds, facilitation of payments, and fraud.

The law firm Bertone/Del Franco its local office in Argentina is uniquely qualified to pursue this case in Argentina due to the seasoned recovery expertise, accompanied by commercial legal know-how, blended with a full understanding of EXIM Bank’s activities, collection processes and rules and regulations that comply with the U.S.

government guidelines.

Bertone/Del Franco Law Firm will not require a familiarization period or training prior to immediately commencing performance of the Performance Work Statement. Accordingly, Bertone/Del Franco Law Firm 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.

The Bertone/Del Franco Law Firm was assigned G0866774 Case is the local counsel that has handled the claim for EXIM Bank since its inception and the firm is fully familiar with the case. The introduction of another party would require EXIM Bank to take risks of poor or inadequate execution that would be presented by an unfamiliar party, regardless of qualifications. The litigation is fully in process and Bertone/Del Franco Law Firm was previously empowered under former purchase to undertake such legal action. Any changes in counsel at this juncture could completely disrupt a delicate case that is now entering into its sixth year. Bertone/Del Franco Law Firm has been involved in litigations of this nature for several decades and is a fully registered as practicing attorney duly recognized and registered in the Argentina judicial system.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

In accordance with 41 U.S.C. 3304, the Bank has sought to identify as many potential sources as practicable under the circumstances. The specialized knowledge required to minimize the risks and maximize the chances of success in EXIM Bank’s executing its rights under the Finance Documents and the need for confidentiality, limits the likelihood of identifying multiple firms possessing the requisite skill set.