PWS - IR_ARG_IMPSAT - FINAL_Redacted.pdf
PDF 330 KB Posted
- Attached to
- Standard Recovery - Argentina/Brazil (Follow-on)
- Solicitation number
- 83310126Q0017
- Issued by
-
Export Import Bank of the US
About this file
This is a Performance Work Statement (PWS) for loan recovery services issued by the Export-Import Bank of the United States (EXIM Bank) on February 9, 2026. The contract is a follow-on to contract no. 83310121P0019, which expires March 8, 2026, with the Bertone, Santiago legal services firm to handle recovery efforts for case G086774 involving defaulted loans in Brazil/Argentina. The contractor must provide all personnel, equipment, supplies, facilities, transportation, and services necessary to perform loan recovery, including collection services, borrower negotiations, restructuring and workout agreements, asset recovery, legal proceedings, and credit restructuring. The work location is Argentina, requiring the contractor to possess full knowledge of the Argentina judicial system and be a duly qualified/registered attorney in Argentina if litigation is pursued.
The contract includes three primary tasks: Task 1 requires submission of a written recovery plan and collectable amount estimate within 60 days of execution, including preliminary research, asset searches, credit analysis, and a 90-day attempt at extrajudicial collection with results reported to the Asset Management Division (AMD); Task 2 covers filing fees to be activated by modification only, requiring a written report outlining costs and risks associated with anticipated filing fees; Task 3 involves payment for recovery of defaulted principal on a contingency basis, with the contractor receiving a percentage of collected monies per the Case Assignment Letter. Deliverables require semi-annual meetings with the recovery officer and EXIM Bank's Office of General Counsel reporting on litigation proceedings and outcomes. Performance standards establish a 99% acceptable quality level for litigation response and timeliness, with ratings from Exceptional (greater than 99.8%) to Unsatisfactory (less than 90%), and compensation tied to contingency fees on actual cash recoveries.
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| File | Type | Posted |
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| JOFOC - IR_ARG_IMPSAT - FINAL_Redacted.pdf |
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Text version
EXPORT-IMPORT BANK ON BEHALF OF
OFFICE OF THE BOARD OF DIRECTORS TO PROVIDE RECOVERY
PERFORMANCE WORK STATEMENT (PWS)
February 9, 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 “follow-on standard recovery contract with the Bertone, Santiago legal services firm, for the following case in Brazil/Argentina:
(G086774).” as defined in this Performance Work Statement in Section C except for those items specified as Government furnished property and services. This is a follow-on contract to contract no. 83310121P0019 expiring 03/08/2026
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).
Desired Outcome: Release of lien pledged under claim.
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 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 request and timeliness of the response.
Satisfactory (between
95.9% and 92%)
Marginal (between
91.9% and 90%
Unsatisfactory (less than 90%).
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 Argentinian 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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