PWS - IR (Argentina_Betagro) - FINAL (Redacted).pdf
PDF 326 KB Posted
- Attached to
- Standard Recovery - Argentina
- Solicitation number
- 83310126Q0012
- Issued by
-
Export Import Bank of the US
About this file
Performance Work Statement Summary
This Performance Work Statement (PWS), effective January 16, 2026, describes loan recovery services that the Export-Import Bank (EXIM Bank) seeks to contract for on behalf of its Asset Management Division. The contractor must provide all necessary personnel, equipment, supplies, facilities, transportation, and services to recover balances from a defaulted claim (Case I201232) in Argentina involving a debtor and guarantor(s). The recovery services shall be performed under a standard recovery contract with the Bertone, Santiago legal services firm and must include collection services, loan servicing, borrower negotiations, restructuring, workout agreements, asset recovery, legal proceedings, and credit restructuring. The contractor must possess full knowledge of the Argentinian judicial system and employ a duly qualified and registered attorney in Argentina if litigation is pursued.
The contract specifies three primary tasks with defined deliverables and timelines. Task 1 requires submission of a written recovery plan and assessment of collectable principal within 60 days of contract execution. Task 2 addresses filing fees and will be activated by contract modification, requiring a written report outlining costs and risks associated with anticipated filing expenses. Task 3 establishes compensation as a percentage of monies collected in accordance with the Case Assignment Letter. The contractor must attempt extrajudicial collection within 90 days and submit results in acceptable format before proceeding to litigation under written instructions from EXIM Bank. Performance requirements emphasize exceptional service with a 99% acceptable quality level for litigation response and timeliness, ongoing cost control within specified line items, professional business relations, and maintenance of appropriately credentialed personnel registered within the Argentinian judicial system. Meetings with recovery officers and EXIM Bank's Office of Government Counsel shall occur semiannually, with a contingency fee structure tied to the amount of the paid claim.
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| File | Type | Posted |
|---|---|---|
| JOFOC - IR (Argentina_Betagro) - 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)
January 16, 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 “standard recovery contract with the Bertone, Santiago legal services firm, for the following case in Argentina: (I201232).” As defined in this Performance
Work Statement, except for those items specified as Government furnished property and services, the Contractor shall provide services to register and release a pledge/lien associated with the referenced claim, which was settled and paid in the amount of
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 d e b t o r and guarantor(s).
Desired Outcome: Register and release a pledge, after debtor fulfilled its obligation with EXIM
Bank related to Claim No. I201232.
5.0 APPLICABLE DIRECTIVES
Full knowledge of the Argentinian 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 scope 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).
Contractor to respond to the request and timeliness of the response 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%)
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 is of the amount of the paid claim
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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