PWS 83310127Q0009.docx

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Standard Recovery - Argentina
Solicitation number
83310127Q0009
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This is a Performance Work Statement (PWS) for loan recovery and asset management services related to defaulted claims under the Export-Import Bank's credit guarantee and insurance programs. EXIM Bank seeks a contractor to provide comprehensive recovery assistance for a specific case in Argentina involving the debtor and guarantor(s), with services to be performed by a duly qualified and registered attorney in Argentina with full knowledge of the Argentine judicial system.

The contractor's primary objectives include conducting preliminary case research and evaluation (including asset searches, credit analysis, and legal action review), attempting extrajudicial collection within 90 days of contract execution, and instituting legal proceedings if directed by EXIM Bank's Asset Management Division. Key deliverables consist of a written recovery plan with estimated collectable principal amount due within 60 days of contract execution, litigation request forms submitted in English for approval, and semi-annual meetings with recovery officers and EXIM Bank's Office of General Counsel. Performance metrics emphasize 99% responsiveness timeliness, 100% compliance with deliverables and approved schedules, and cost control within designated legal fees and recovery lines. Compensation is structured as a contingency fee based on actual cash recoveries, with extraordinary expenses requiring advance written approval. The associated sole-source contract opportunity (83310127Q0009) is being offered to Bertone Santiago under Firm Fixed Price terms, with a response deadline of November 2, 2026, at 10:00 AM Eastern. The contract performance location includes both EXIM Bank headquarters in Washington, DC and Argentina.

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EXPORT-IMPORT BANK ON BEHALF OF

OFFICE OF THE BOARD OF DIRECTORS TO PROVIDE RECOVERY

PERFORMANCE WORK STATEMENT (PWS)

September 11, 2026

1.0 INTRODUCTION

EXIM Bank seeks to contract for loan recovery assistance from a recovery firm principally collecting balances of certain paid claims under its credit guarantee and insurance programs.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform loan recovery services as stated “standard recovery contract with the Bertone, Santiago legal services firm, for case in Argentina. as defined in this Performance Work Statement except for those items specified as Government furnished property and services.

2.0 BACKGROUND

(a) The Export-Import Bank of the United States (“EXIM Bank”) supports the financing of U.S. goods and services. It assumes credit and country risks the private sector is unable or unwilling to accept. In covering these risks EXIM Bank pays on claims related to insurance policies and guarantees. Upon payment of the claim it becomes the responsibility of the Asset Recovery Group (“ARG”) within the Asset Management Division of EXIM Bank (“AMD”) to seek repayment from the debtor and/or guarantors.

(b) Throughout this document the term “recovery officer(s)” will be used. For the purposes of this document, recovery officer(s) refers to the International Recovery Officers, Working Capital Officers, and Managing Director – Recoveries; within ARG.

3.0 SCOPE

The contractor shall provide collection services and servicing of defaulted loans which may include borrower negotiations, restructuring, and workout agreements. The Contractor shall provide the following but not limited to provide loan recovery services, institute legal proceedings, provide credit restructuring services and take such other actions required to effect recovery for EXIM Bank.

4.0 OBJECTIVES (NATURE OF WORK)

To recover assets, institute legal proceedings and/or provide credit restructuring related to the claim(s), involving the debtor and guarantor(s).

5.0 APPLICABLE DIRECTIVES

Full knowledge of the Argentina judicial system, duly qualified / registered attorney in Argentina, if litigation is pursued.

6.0 GOVERNMENT FURNISHED INFORMATION OR PROPERTY

EXIM Bank will notify contractor by email from the COR as to the specifics of case to be recovered.

7.0 SPECIFIC REQUIREMENTS/TASKS

The firm is to attempt recovery on behalf of and, if provided EXIM Bank' s express instruction to do so, institute legal proceedings and/or provide credit restructuring services to EXIM Bank's Asset Management Division ("AMD") related to the referenced claim(s), involving the referenced debtor and guarantor(s), located in Argentina.

The firm shall take such other action as AMD may require to undertake recovery for EXIM Bank. The firm is instructed to: (i) perform a preliminary research and evaluation of the case, including, but not limited to, asset search, credit analysis and legal actions registered against the Obligor; (ii)attempt extrajudicial collection of the claim amount within 90 days of the date hereof and report the results of such attempt to AMD in acceptable format; and (iii) under written instructions received from AMD, file legal proceedings against the Debtor and the Guarantors if the firm is unable to effect an extrajudicial collection of all amounts due under the claim.

Task 1:

The Contractor shall provide all labor, equipment, materials, postage, supervision, expenses, and travel necessary to conduct collection investigation services for EXIM Bank on the above stated case(s). Before beginning the recovery and collection services, the Contractor shall prepare and forward a written report to the Requesting Officer, outlining the plan for recovery and estimated amount of the defaulted principal that is collectable. Legal services shall be in accordance with the Statement of Work.

Contractor’s written report shall be submitted in the suggested format and shall be presented within 60 days of execution of Contract.

Task 2: Filing Fee(s) This Line Item will be activated by means of a modification only from EXIM Bank's contracting office. The Contractor will forward a written report to EXIM Bank's Requesting Officer, which will outline the costs and risks associated with the anticipated filing fee(s).

Task 3: Payment for Recovery of Defaulted Principal The Contractor will forward a written report to EXIM Bank's Requesting Officer, which will outline payment and/or payment methods associated with the recovery of the Defaulted Principal Amount. The Contractor will be paid a percentage of all monies collected in accordance with the Case Assignment Letter and in accordance with the Contractor's written report as required by Line Item 0001.

Additional information:

If litigation is required, Contractor shall submit a completed Litigation Request Form in English to AMD for internal approval and authority to proceed. Extraordinary and unusual expenses incurred by Contractor that are outside of the scope of this contract shall be agreed upon in writing in advance or shall not be considered reimbursable expenses.

8.0 DELIVERABLES

Lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, and format. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes. Note: All PWS deliverables should be included in this table. Contractor should include in their proposed schedule a time for the Government to review.

Item #
Deliverable
Section
Format/ Quantities
Due Date
Meet every semester with recovery officer and EXIM Bank’s OGC
Report on litigation proceedings / outcome
Task 1, 2, 3
Twice a year
Meetings can happen face-to-face in any location, via virtual media, telephonically

9.0 PERFORMANCE REQUIREMENT SUMMARY (PRS)

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Task or Deliverable
Performance Standard
Acceptable Quality Level (AQL)
Surveillance

Method

Performance Rating
Incentives/Disincentives
Litigation
Performance rating will be based upon the ability of the Contractor to respond to the request and timeliness of the response.
99%
Surveillance by EXIM Bank COR will be performed on a monthly
Exceptional (greater than 99.8%)

Very Good (between 99.8% and 96%);

Satisfactory (between 95.9% and 92%)

Marginal (between 91.9% and 90%

Unsatisfactory (less than 90%).

Contingency fee of on actual cash recoveries

Schedule
Every 6 months
All deliverables as described in the PWS and specified

100% Inspection

Exceptional Very Good Satisfactory Marginal Unsatisfactory Ongoing as per Contract

Cost Control
Within Line 2 (legal costs) and Line 3 (actual cash recoveries)
All deliverables as described in the PWS and specified in the approved Schedule of Deliverables

100% Inspection

Exceptional Very Good Satisfactory Marginal Unsatisfactory As stated in Contract – contingency fee on actual cash recoveries

Business Relations
Professional and respectful of all parties
Regular and ad-hoc meetings between contractor and Government
Semi-Annual Performance

Evaluation Exceptional Very Good Satisfactory Marginal Unsatisfactory Ongoing

Management of Key Personnel
Appropriate credentials for the work involved.

Registration within the Argentina judicial system to perform legal work.

Regular and ad-hoc meetings between contractor and Government as needed
Semi-Annual Performance

Evaluation Exceptional Very Good Satisfactory Marginal Unsatisfactory Ongoing

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