PWS and JA Redacted.pdf

5.0 APPLICABLE DIRECTIVES

2. Industry practices as observed by peer institutions including Federal

Agencies, foreign ECAs, and multilateral development banks

6.0 GOVERNMENT FURNISHED INFORMATION OR PROPERTY

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

7.0 SPECIFIC REQUIREMENTS/TASKS

Task Introduction:

Contractors shall analyze the specifics of the case, consider recovery strategies and implement actions based on the potential recoveries and risks with the aim of maximizing collections on behalf of the EXIM Bank.

Contractor will instruct debtor to remit recovered funds directly to EXIM designated accounts.

In the event the Contractor receives directly recovered funds, the Contractor shall remit the funds designated account.

EXIM reserves the right to cease work on case in the event that:

1. EXIM deter

2. The Contractor requests release from the Case

3. It is determined to be in the best interest of the Government

Task 1 The Contractor shall provide Case Analysis/Due Diligence:

a. The Government shall send a copy of the collection claim file via email.

b. The Contractor shall perform due diligence and analyze the specifics of the case, consider recovery strategies and recommend actions based on the potential recoveries and risks with the aim of maximizing collections on behalf of EXIM Bank.

c. The Contractor shall ensure there is no conflict of interest between the firm and the debtor. If so, Contractor shall immediately make EXIM Bank aware of this conflict within 5 business days via email. No work shall be completed by vendors where a conflict of interest is present.

d. The Contractor shall conduct a preliminary research /evaluation of the case, including, but not limited to, asset search, credit analysis and legal actions registered against the obligor.

e. The Contractor shall submit invoicing for this Task 1 effort no earlier than submission of due diligence report. Compensation for this is the negotiated fee.

Task 2 The Contractor shall recover Defaulted Debt per Contingency Fee Basis

a. The Contractor shall attempt extrajudicial collection of the debt within 10 business days to the Recoveries Group, Asset Management Division.

b. The Contractor shall provide a written brief (preferably in English) via email to EXIM reports should discuss the life cycle of the cases and enable the COR to understand the particular situations surrounding the progress of the case. The COR will also monitor the work of the Contractor through periodic site trips.

c. The Contractor shall provide a Collected Funds report not later than fifteen (15) calendar days after notifying COR notification of incoming funds and identify fee to be received based on percentage of all monies actually collected in accordance with the Assignment email.

d. Contractor understands compensation for Task 2 services is limited to the negotiated contingency fee percentage. No expenses will be reimbursed unless approved by COR.

These expenses are to be determined on a case by case basis.

Task 3 The Contractor shall conduct Litigation

a. Prior to taking legal action and incurring related costs, the Contractor shall request and obtain in writing the approval from the Recoveries Group, Asset Management Division

Once authorized, the Contractor shall file legal proceedings against the Debtor [and the Guarantors].

b. The Contractor shall provide a break-down of anticipated work/cost on a Litigation Request Form. The Government will review the Form to determine the acceptability of request/cost. Once the Contractor is authorized by EXIM Bank to pursue litigation against a debtor, work of this nature can be completed by the Contractor.

c. Contractor understands compensation for Task 3 services is divided in two sections: 1.

Legal expenses, approved in advance; 2. Negotiated contingency fee percentage applied to the total amount collected. (See Task 2 paragraph d.)

d. Contractor understands EXIM may direct that litigation be commenced soon after assignment of case if deemed to be in the best interest of the Government.

8.0 CONTRACTOR QUALIFICATIONS

a. Work is to be completed in Brazil and Contractor shall have experience in: locating assets, in particular hidden assets if any, and embargoing (placing liens) and executing upon such assets; drafting / negotiating restructuring agreements appropriate for debtors of the type in this matter, and litigating the collection matter at all levels of courts

b. The Contractor shall be a law firm registered/licensed in the Brazil Bar Association to practice law in Brazil. Any subcontracted effort must also be registered/licensed in the Brazil Bar Association.

Regular and ad-hoc meetings between contractor and Government as needed as the Event occurs.

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

Unsatisfactory (less than 90%).

Conflict of Interest notification

Complete, accurate and timely

100% accuracy.

All deliverables as described in the PWS and specified in the approved Schedule of Deliverables

Surveillan ce by

EXIM

Bank COR will be performed as the Event occurs.

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

Positive or negative CPARS rating

Task 2:

Recovery of Defaulted Principal/Co ntingency

Timeliness, complete and thorough record keeping, good communicatio n.

100% Compliance with Brazil Law, thoroughness and accuracy.

Regular and ad-hoc meetings between contractor and Government as needed

Surveillan ce by

EXIM

Bank COR will be performed as the Event occurs.

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

CPARS rating contractor and Government as needed

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

Litigation Request Form with break-down of anticipated work/cost

Complete, accurate and timely

Clear breakdown of projected expenses.

100% accuracy.

All deliverables as described in the PWS and specified in the approved Schedule of Deliverables

Surveillan ce by

EXIM

Bank COR will be performed as the Event occurs.

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

CPARS rating

Business Relations

Professional and respectful of all parties

Regular and ad-hoc meetings between contractor and Government

Semi- Annual Performan ce Evaluation

Exceptional Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%

CPARS rating

Managemen t of Key Personnel

Appropriate credentials for

Regular and ad-hoc meetings between

Semi- Annual

Exceptional Positive or

CPARS rating the work involved Attends scheduled meetings if needed

Available for ad-hoc meetings as necessary for contractual concerns contractor and Government as needed

Performan ce Evaluation

Very Good Satisfactory Marginal Unsatisfactory

Exceptional (greater than 99%)

Very Good (between 98% and 96%);

Satisfactory (between 93% and 95%)

Marginal (between 91% and 93%