PWS - IR_GTM_Bolsas - FINAL_Redacted.pdf

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Standard Recovery - Guatemala (Follow-on)
Solicitation number
83310126Q0009
Issued by

About this file

This is a Performance Work Statement (PWS) issued by the Export-Import Bank (EXIM Bank) dated December 16, 2025, for loan recovery assistance services. EXIM Bank seeks a recovery firm to collect balances on defaulted claims under its credit guarantee and insurance programs, specifically to replace the expiring contract No. 83310121P0020 covering Claim No. I201024 in Guatemala with IA Group B.V. The contractor must be a duly qualified and registered attorney in Guatemala with full knowledge of the Guatemalan judicial system. The Contracting Officer Representative is Enrique Sotelo. The scope requires the contractor to provide comprehensive collection services, including borrower negotiations, loan restructuring, workout agreements, credit analysis, asset searches, extrajudicial collection attempts, and litigation if necessary.

The contractor must complete Task 1—a preliminary case evaluation and recovery plan with estimated collectable amounts—within 60 days of contract execution. Task 2 involves filing fees, which will be activated by contract modification, requiring a written report detailing costs and risks. Task 3 establishes payment as a percentage of monies collected, as specified in the Case Assignment Letter. The contractor must attempt extrajudicial collection within 90 days and report results to the Asset Management Division (AMD), then proceed with litigation only upon written instruction if extrajudicial collection fails. Deliverables include semi-annual litigation proceedings reports. Performance standards require 99% acceptable quality level for litigation work with surveillance by EXIM Bank COR performed monthly. Compensation is structured as a contingency fee on actual cash recoveries, with cost control monitored within legal costs (Line 2) and actual recoveries (Line 3). Any extraordinary or unusual expenses require advance written approval.

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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)

December 16, 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 loan recovery services as stated “standard recovery contract (follow on) with the IA Group B.V. legal services firm, to replace upcoming expiring contract no. 83310121P0020 covering claim No. I201024 in Guatemala with a total buyer debt of ” 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. Please change the COR for this request to Enrique Sotelo.

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 a s s e t s , 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 Guatemalan judicial system, duly qualified / registered attorney in

Guatemala, 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 Guatemala.

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).

respond to the request and timeliness of the response.

performed on a monthly

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 Guatemalan 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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