PWS - Intl. Rec. Turkey - FINAL_Redacted.pdf

Export-Import Bank

On Behalf of

Office of Board Authorized Finance

Asset Management Division

To Provide Loan Recovery Assistance

PERFORMANCE WORK STATEMENT (PWS)

February 18, 2025

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 legal services of an EXIM Bank defaulted debt of Claim No: G079335 –

, 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 legal 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 p rovide l egal s e rv i ces , recover a s s e t s , institute legal proceedings and/or provide credit restructuring related to the claim(s), involving the d e b t o r and guarantor(s).

5.0 APPLICABLE DIRECTIVES

1. EXIM Bank’s AMD procedures

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:

Contractor 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. This section applicable to the recovery of G079335– will require only legal services / costs since the recovery is directly by EXIM Bank [recovery officer Enrique Sotelo], yet the loan has a collateral [real estate] in Istanbul, Turkey, which requires local counsel’s monitoring and release of local collateral support. Thus, contract is only for legal services / costs within Turkey.

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 in their entirety (without deduction of expenses or collection fee) promptly to EXIM’s designated account.

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

1. EXIM determines the Contractor’s work is unsatisfactory

2. The Contractor requests release from the Case

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

Task 1 – N/A

Task 2 – N/ A

Task 3 – The Contractor shall provide legal services in Istanbul, Turkey, as may be required by

EXIM Bank.

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 and EXIM Bank’s Office of the General Counsel through the Litigation Request Form.

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 only entails Legal services / local related expenses, approved in advance.

8.0 CONTRACTOR QUALIFICATIONS

a. Work is to be completed in Turkey and Contractor shall have experience in the following:

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 through the debtor’s country.

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

Turkish Bar Association.

c. The Contractor shall have experience handling collection matters of this sort on behalf of foreign entities, and especially foreign government entities such as EXIM Bank

(Contractor shall provide documentation noting relevant experience with foreign government entities). This requirement is to ensure Contractor is able to understand legal risks that may be raised during representation of the foreign government entity. These risks include the risk of counter-suits, referrals for criminal prosecution, withholding tax questions, and the ability to communicate in the local language.

9.0 DELIVERABLES

Deliverable Item PWS Section Due Date Format/

Quantities

Project Task Log

Project Task

Log, Para a.

Once every other month

Electronic, (In

English)

Conflict of

Interest notification

Task 1 Para b.

Within 5 business days of identifying conflict

Email

Written Brief for active Cases Task 2 Para b.

Quarterly on active cases Email

Collected Funds report Task 2 Para c.

Fifteen days from

COR notification in terms of incoming funds

Written report

Litigation

Request Form with break-down of anticipated work/cost

Task 3 Para b.

Upon determined litigation is required

Written

Document and accuracy.

Regular and ad-hoc meetings between contractor and

Government as needed the Event occurs.

Exceptional (greater than

99%)

Very Good (between

98% and 96%);

Satisfactory (between

93% and 95%)

Marginal (between 91% and 93%

Unsatisfactory (less than

90%).

Written Brief for Active

Cases

Complete, accurate and timely

All cases accounted for

100% accuracy.

All deliverables as described in the PWS and specified in the approved

Schedule of

Deliverables

Surveillance by EXIM

Bank COR will be performed as the Event occurs.

Exceptional

Very Good

Satisfactory

Marginal

Unsatisfactory

Positive or negative

CPARS

rating

Collected

Funds

Report

Complete, Accurate accounting of expenses.

100%

All deliverables as described in the PWS and specified in the approved

Schedule of

Deliverables

Surveillance by EXIM

Bank COR via portfolio monitoring of existing outstanding claims as well as site visits.

Exceptional

Very Good

Satisfactory

Positive or negative

CPARS

rating

Unrecovered cases might be recalled back to

EXIM

Bank’s portfolio and

Contractor instructed to

“Cease and

Desist” from any further recovery efforts.

Task 3:

Provide

Litigation

Timeliness, complete and thorough record keeping, good communication.

100%

Compliance with

Turkish law respectively, thoroughness and meetings between contractor and

Government as needed

Surveillance by EXIM

Bank COR will be performed as the Event occurs.

Exceptional

Very Good

Satisfactory

Positive or negative

CPARS

rating

Litigation

Request

Form with

Breakdown of

Anticipated

Work/Cost

Complete, Clear breakdown of projected expenses.

100%

All deliverables as described in the PWS and specified in the approved

Schedule of

Deliverables

Surveillance by EXIM

Bank COR will be performed as the Event occurs.

Exceptional

Very Good

Satisfactory

Positive or negative

CPARS

rating

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

Positive or negative

Management of Key

Personnel

Appropriate credentials for the work involved

Attends scheduled meetings if needed

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

Government as needed

Semi-Annual

Performance

Evaluation

Exceptional

Very Good

Satisfactory

Positive or negative