PWS AgroindustrialElectricosLacteos Contract 022023_Redacted.pdf

PDF 438 KB Posted

Attached to
Standard Recovery - Mexico - Follow On
Solicitation number
83310123Q0013
Issued by

About this file

This document provides details for a federal contract opportunity and an associated statement of work. The Export Import Bank of the US is seeking a contractor to provide asset protection and recovery services related to an outstanding debt in Mexico. The services include asset searches, negotiations, litigation support, and executing against assets as directed by EXIM. The incumbent contractor, Dr. Amadeo Julian Abodgados & Consultores, will be awarded a follow-on sole source contract to continue recovery efforts given the contingency payment structure and often lengthy litigation timelines involved. The type of contract is firm-fixed-price. The performance period is not specified but the statement of work includes semi-annual evaluations. Interested parties were required to respond by April 4, 2023 to be considered, though a non-competitive award to the incumbent was indicated.

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5.0 APPLICABLE DIRECTIVES

Full knowledge of the Dominican Republic judicial system, duly qualified / registered attorney in the Dominican Republic, 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 the Dominican Republic.

The firm shall take such other action as AMD may require to effect 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 ability of the Contractor to respond to the request and timeliness of the response.

will be performed on a monthly

Very Good (between 99.8% and 96%);

Satisfactory (between 95.9% and 92%)

Marginal (between 91.9% and 90%

Unsatisfactory (less than 90%).

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 15% 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 Dominican Republic 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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