Export-Import Bank

On Behalf Of
Office of Board Authorized Finance
Asset Management Division
To Provide Loan Recovery Assistance

PERFORMANCE WORK STATEMENT (PWS)

January 21, 2021

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 for the following EXIM Bank defaulted debt cases:
Claim I201056/Zaniq Green Private Limited/Pakistan, Claim I201107/The Public Investment
Fund/Saudi Arabia, Claim I201039/Falcons International/Pakistan,Claim I20197/Superklean
Environmental Engineers Pvt. Ltd./India
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 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 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:

Contractors 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.

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 – The Contractor shall provide Case Analysis/Due Diligence:

a. The Government shall send a copy of the collection claim file via email.
b. The Contractor shall perform due diligence and analyze the specifics of the case, consider
recovery strategies and recommend actions based on the potential recoveries and risks
with the aim of maximizing collections on behalf of EXIM Bank.
c. The Contractor shall ensure there is no conflict of interest between the firm and the
debtor. If so, Contractor shall immediately make EXIM Bank aware of this conflict
within 5 business days via email. No work shall be completed by vendors where a
conflict of interest is present.
 d. The Contractor shall conduct a preliminary research /evaluation of the case, including,
but not limited to, asset search, credit analysis and legal actions registered against the
obligor.
e. The Contractor shall submit invoicing for this Task 1 effort no earlier than submission of
due diligence report. Compensation for this is the negotiated fee.

Task 2 – The Contractor shall recover Defaulted Debt per Contingency Fee Basis

a. The Contractor shall attempt extrajudicial collection of the debt within 10 business days
of the Recovery Officer’s authorization to proceed and report the results of such attempts
to the Recoveries Group, Asset Management Division.
b. The Contractor shall provide a written brief (preferably in English) via email to EXIM
Bank’s COR on a frequent basis, at a minimum on a quarterly basis for active cases. The
reports should discuss the life cycle of the cases and enable the COR to understand the
particular situations surrounding the progress of the case. The COR will also monitor the
work of the Contractor through periodic site trips.
c. The Contractor shall provide a Collected Funds report not later than fifteen (15) calendar
days after notifying COR notification of incoming funds and identify fee to be received
based on percentage of all monies actually collected in accordance with the Assignment
email.
d. Contractor understands compensation for Task 2 services is limited to the negotiated
contingency fee percentage. No expenses will be reimbursed unless approved by COR.
These expenses are to be determined on a case by case basis.

Task 3 – The Contractor shall conduct Litigation

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 is divided in two sections: 1.
Legal expenses, approved in advance; 2. Negotiated contingency fee percentage applied
to the total amount collected. (See Task 2 paragraph d.)
d. Contractor understands EXIM may direct that litigation be commenced soon after
assignment of case if deemed to be in the best interest of the Government.

8.0 CONTRACTOR QUALIFICATIONS

a. Work is to be completed in Saudi Arabia, Pakistan and India (coordinated from the
Netherlands) and Contractor shall have experience in: 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 firm registered/licensed in the Netherlands. Any subcontracted
effort must also be registered/licensed in the Saudi Arabian, Pakistani and Indian
authorities.
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

Format/
Deliverable Item PWS Section Due Date
Quantities
Project Task Log Project Task Once every other Electronic, (In
Log, Para a. month English)
Within 5
Conflict of
business days of
Interest Task 1 Para b. Email
identifying
notification
conflict
Written Brief for Quarterly on
Task 2 Para b. Email
active Cases active cases
Fifteen days from
Collected Funds COR notification
Task 2 Para c. Written report
report in terms of
incoming funds
Litigation
Request Form Upon determined
Written
with break-down Task 3 Para b. litigation is
Document
of anticipated required
work/cost

10.0 PERFORMANCE REQUIREMENT SUMMARY (PRS)

Task or Performance Acceptable Surveillan Performance Rating Incentives/Dis

Deliverable Standard Quality Level ce incentives
(AQL) Method
Task 1: Timeliness, 100% Surveillan Exceptional Positive or
Case complete and Compliance ce by Very Good negative
Analysis/Du thorough with EXIM Satisfactory Marginal CPARS rating
e Diligence record Argentina/Brazil Bank Unsatisfactory
keeping, good Law, COR will
communicatio thoroughness be Exceptional (greater than
n. and accuracy. performed 99%)
as the Very Good (between 98%
Regular and ad- Event and 96%);
hoc meetings occurs.
between Satisfactory (between
contractor and 93% and 95%)
Government as Marginal (between 91%
needed and 93%

Unsatisfactory (less than

90%).

Conflict of Complete, 100% accuracy. Surveillan Exceptional Positive or

Interest accurate and All deliverables ce by Very Good negative
notification timely as described in EXIM Satisfactory Marginal CPARS rating
the PWS and Bank Unsatisfactory
specified in the COR will
approved be Exceptional (greater than
Schedule of performed 99%)
Deliverables as the Very Good (between 98%
Event and 96%);
occurs.
Satisfactory (between
93% and 95%)

Marginal (between 91%

and 93%

Unsatisfactory (less than

90%).

Task 2: Timeliness, 100% Surveillan Exceptional Positive or

Recovery of complete and Compliance ce by Very Good negative
Defaulted thorough with EXIM Satisfactory Marginal CPARS rating
Principal/Co record Argentina/Brazil Bank Unsatisfactory
ntingency keeping, good Law, COR will
communicatio thoroughness be Exceptional (greater than
n. and accuracy. performed 99%)
as the Very Good (between 98%
Regular and ad- Event and 96%);
hoc meetings occurs.
between
 contractor and Satisfactory (between
Government as 93% and 95%)
needed Marginal (between 91%
and 93%

Unsatisfactory (less than

90%).

Written Complete, 100% accuracy. Surveillan Exceptional Positive or

Brief for accurate and All deliverables ce by Very Good negative
active Cases timely as described in EXIM Satisfactory Marginal CPARS rating
the PWS and Bank Unsatisfactory
All cases specified in the COR will
accounted for approved be Exceptional (greater than
Schedule of performed 99%)
Deliverables as the Very Good (between 98%
Event and 96%);
occurs.
Satisfactory (between
93% and 95%)

Marginal (between 91%

and 93%

Unsatisfactory (less than

90%).

Collected Complete, 100% accuracy. Surveillan Exceptional Positive or

Funds accurate and All deliverables ce by Very Good negative
report timely as described in EXIM Satisfactory Marginal CPARS rating
the PWS and Bank Unsatisfactory
Accurate specified in the COR via Unrecovered
accounting of approved portfolio Exceptional (greater than cases might
expenses. Schedule of monitorin 99%) be recalled
Deliverables g of Very Good (between 98%
back to EXIM
existing and 96%); Bank’s
outstandin portfolio and
g claims Satisfactory (between Contractor
as well as 93% and 95%) instructed to
site visits. Marginal (between 91%
“Cease and
and 93% Desist” from
any further
Unsatisfactory (less than recovery
90%). efforts.
Task 3: Timeliness, 100% Surveillan Exceptional Positive or
Provide complete and Compliance ce by Very Good negative
Litigation thorough with EXIM Satisfactory Marginal CPARS rating
record Argentina/Brazil Bank Unsatisfactory
keeping, good Law, COR will
communicatio thoroughness be Exceptional (greater than
n. and accuracy. performed 99%)
as the Very Good (between 98%
Regular and ad- Event and 96%);
hoc meetings occurs.
between Satisfactory (between
contractor and 93% and 95%)
Government as Marginal (between 91%
needed and 93%

Unsatisfactory (less than

90%).

Litigation Complete, 100% accuracy. Surveillan Exceptional Positive or

Request accurate and All deliverables ce by Very Good negative
Form with timely as described in EXIM Satisfactory Marginal CPARS rating
break-down the PWS and Bank Unsatisfactory
of Clear specified in the COR will
anticipated breakdown of approved be Exceptional (greater than
work/cost projected Schedule of performed 99%)
expenses. Deliverables as the Very Good (between 98%
Event and 96%);
occurs.
Satisfactory (between
93% and 95%)

Marginal (between 91%

and 93%

Unsatisfactory (less than

90%).

Business Professional Regular and ad- Semi- Exceptional Positive or

Relations and respectful hoc meetings Annual Very Good negative
of all parties between Performan Satisfactory Marginal CPARS rating
contractor and ce Unsatisfactory
Government Evaluation
Exceptional (greater than
99%)

Very Good (between 98%

and 96%);
 Satisfactory (between
93% and 95%)

Marginal (between 91%

and 93%

Unsatisfactory (less than

90%).

Managemen Appropriate Regular and ad- Semi- Exceptional Positive or

t of Key credentials for hoc meetings Annual Very Good negative
Personnel the work between Performan Satisfactory Marginal CPARS rating
involved contractor and ce Unsatisfactory
Attends Government as Evaluation
scheduled needed Exceptional (greater than
meetings if 99%)
needed Very Good (between 98%
and 96%);
Available for
ad-hoc Satisfactory (between
meetings as 93% and 95%)
necessary for Marginal (between 91%
contractual and 93%
concerns
Unsatisfactory (less than
90%).