SAM #83310126Q0024

EXIM Bank Asset Recovery and Legal Services in Brazil (Sole Source Follow-on)

This opportunity involves the Export-Import Bank of the United States (EXIM Bank) seeking specialized legal services for asset protection and recovery related to claims in Brazil. - EXIM Bank intends to award a sole source follow-on contract to Varella & Advogados Associados, a Brazilian law firm with extensive experience in EXIM Bank's collection matters - Services include: - Asset searches, site visits, and due diligence - Negotiations with obligors and guarantors - Litigation in Brazilian courts - Drafting and negotiating restructuring and workout agreements - Embargoing and executing upon assets - Regular reporting to EXIM Bank's Asset Recovery Group - The contract is justified under FAR 6.302-1 (only one responsible source) due to the firm's unique qualifications and the need for continuity - Compensation is based on a contingency fee tied to actual cash recoveries - Work will be performed at EXIM Bank's Washington, D.C. office and in Brazil, primarily Rio de Janeiro - The applicable NAICS code is 541110 (Offices of Lawyers) - No competing OEMs or alternative vendors are named, but other international law firms with Brazilian expertise could potentially compete - The current contract expires July 11, 2026; no option years are specified

Description

Synopsis – 83310126Q0024 | Claim(s) in Brazil (Follow-on)  

EXIM Bank, headquartered in Washington, D.C., is providing this notice of intent to issue a sole source a follow-on award to provide asset protection and recovery services. 

The applicable Product/Service Code is R418. 

The applicable North American Industry Classification System (NAICS) code is 541110 - Offices of Lawyers, which has a size standard of $16M. 

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 in Washington, D.C. and Brazil 

Contracting Point of Contact and/or Contracting Officer: 

Travis Finkle 

Travis.Finkle@exim.gov 

Contracting Office Address: 

Office of Contract Services 

811 Vermont Ave., NW 

Washington, DC 20571 

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