PWS Garza Redacted.pdf

EXPORT-IMPORT BANK OF THE UNITED STATES (EXIM) ON

BEHALF OF

OFFICE OF THE BOARD OF DIRECTORS TO PROVIDE RECOVERY

PERFORMANCE WORK STATEMENT (PWS)

May 14, 2020

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 of an EXIM Bank defaulted debt of [EXIM Bank Claim No.

from MEXICO

+ EXIM Bank Claim No. from

Sa De Cv / MEXICO + EXIM Bank Claim No. from

, MEXICO 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 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).

Desired Outcome: Recovery of outstanding debt, .

5.0 APPLICABLE DIRECTIVES

Full knowledge of the San Pedro/ Mexican judicial system, duly qualified / registered attorney in

San Pedro, Mexico.

6.0 GOVERNMENT FURNISHED INFORMATION OR PROPERTY

EXIM Bank will notify contractor by email from the Contracting Officer Representative (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 San Pedro, Mexico.

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

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 Once in

Mexico and once in

Washington, D.C.

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/Dis incentives

Litigation Performance rating will be based upon the ability of the

Contractor to respond to the request and

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%)

Contingency fee of 15% on actual cash recoveries timeliness of the response.

Marginal (between

91.9% and 90%

Unsatisfactory (less than 90%).

Schedule Every 6 All Exceptional Ongoing as months deliverables 100% Very Good per Contract as described Inspection Satisfactory Marginal in the PWS Unsatisfactory and specified

Cost Within Line 2 All Exceptional As stated in

Control (legal costs) deliverables 100% Very Good Contract – and Line 3 as described Inspection Satisfactory Marginal Contingency (actual cash in the PWS Unsatisfactory fee 15% on recoveries) and specified actual cash in the Recoveries Approved

Schedule of

Deliverables

Business Professional Regular and Semi-Annual Exceptional Ongoing Relations and respectful ad-hoc Performance Very Good of all parties Meetings Evaluation Satisfactory Marginal Between Unsatisfactory contractor

And

Government

Manage-ment of

Key

Personnel

Appropriate credentials for the work

Regular and ad-hoc meetings

Semi-Annual

Performance

Evaluation

Exceptional

Very Good Satisfactory Marginal

Ongoing involved. Between Unsatisfactory

Registration contractor within the And

Mexican Government judicial system as needed to perform legal work.