Standard Recovery - Brazil - Follow On

Closed Special Notice Posted

Solicitation number
83310124Q0062
Agency
Responses due
Set-aside
No set-aside

Opportunity facts

NAICS code
541110 Offices of Lawyers
Place of performance
Brazil

Notice details come from SAM.gov. Updated .

About this opportunity

The Export Import Bank of the United States published a Special Notice to provide legal recovery services in Brazil on a sole source basis to the incumbent contractor Varella e. Advogados Associados as a follow-on to the current contract 83310119P0011. The Special Notice seeks to determine if any other sources exist that could perform the requirement before awarding an additional contract to the current vendor due to the extended litigation times associated with the case.

The Special Notice outlines the agency's intent to award a firm fixed price contract by November 17, 2023 to continue recovery efforts on a defaulted loan in Brazil. Interested contractors must be registered in SAM and able to provide asset protection, searches, negotiations, litigation support, documentation, asset freezing and execution. The current vendor would perform under a contingency payment structure of 15% on actual cash recoveries and report recovery plans, collectable estimates, costs and risks within 60 days of award while performing in both Washington, DC and Mexico. No formal RFQ was issued given the sole source nature of this follow-on requirement to the existing litigation and recovery work.

Notice text

Synopsis – 83310124Q0062 | Claim in Brazil

EXIM Bank Washington, DC is providing a notice of intent to issue a sole source award to provide Asset protection and recovery as a Logical Follow-on to the current contracts 83310119P0011 due to extended litigation times:

The Product/Service Code is R418.

The associated North American Industry Classification System (NAICS) code is 541110

Office of Lawyers which has a size standard of $11.0M.

Interested vendors must be registered in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/.

EXIM Bank Intends to award on a Sole Source Basis to Varella e. Advogados Associados for legal recovery in Brazil.

The circumstances permitting Other Than Full and Open Competition are Federal Acquisition Regulation FAR 6.302-1, and FAR 13.501(a).

The intent of this synopsis is to determine if any sources exist, and therefore, no Request for Quote (RFQ) is available. This notice of intent is not a request for competitive quotes; however, all information received before Nov 17, 2023 will be considered by the Government. A determination by the Government not to compete this proposed contract action based upon the responses received from this notice is solely within the discretion of the Government.

Contract Type: Firm Fixed Price

Description:

This requirement is to assist EXIM in its efforts to collect outstanding amounts owed to EXIM by the obligor/buyer and all guarantors, if any. These efforts will include, as EXIM may direct, asset searches, site visits, negotiations, litigation, documentation of agreements, embargoing assets and executing upon assets. See attached PWS.

When an individual AMD recovery contract ends but the recovery action is still pending resolution, we award follow-on contracts on a sole source basis to the original vendor (per FAR 16.505(2)(c)) as long as it is for the same recovery case(s). The rationale for this is the combination of contingency payment agreement and the frequent long length of the recovery process. With limited vendor availability, if we did not follow this practice, the original vendor could perform most of the work and the subsequent vendor would reap the rewards of any funds recovered. By awarding follow-on contracts in this manner, we establish fairness for the vendors in an unusual situation, retain good relations with a limited vendor pool for future needs, and therefore get the best long-term benefit to the government.

Place of Contract Performance:

EXIM Bank Washington, DC and Mexico

Contracting Point or Contracting Officer:

Travis Finkle

Travis.Finkle@exim.gov

Contracting Office Address:

Office of Contracting Services

811 Vermont Ave. NW

Washington, DC 20571

Files

File Type Posted
PWS-SCOPE Brazil Redacted.pdf PDF
JandA (Redacted).pdf PDF

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