Justification for Other Than Full and Open Competition Signed 09202 Redacted

EXPORT-IMPORT BANK OF THE UNITED STATES

Jus fica on and Approval for Other Than Full and Open Compe

on Commercial

Services Acquisi on under FAR 13.106-1(b) and FAR 13.501

1. Contrac ng Ac vity:

The requirement is being conducted by the Export Import Bank of the United States, Office of Contrac ng Services (OCS) at 811 Vermont Avenue, NW, Washington, D.C. 20571.

2. Nature and/or Descrip on of the Ac on Being Processed: The purpose of this Jus fica on for other than Full and Open Compe on is to award a new Firm Fixed Price (FFP) Purchase order to Bertone, San ago in Argen na to provide legal recovery services 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 asset searches, site visits, nego a ons, li ga on, documenta on of agreements (Guaranty Addendum), embargoing assets and execu ng upon assets.

3. Descrip on of Supplies/Services Required to Meet the Agency’s Needs: The Contractor is required to provide all professional services, including all labor, materials, postage, tools, travel, supervision, and incur expenses necessary that entail the judicial process to undertake the asset recovery Scope of Work. The contractor shall perform non-personal services necessary to perform collec on on EXIM Bank defaulted loan “standard recovery contract with the Bertone, San ago law firm, for claim No.
for a total buyer debt of $
The Contractor shall
a empt recovery on behalf of EXIM Bank and, if provided EXIM Bank’s express instruc on to do so, ins tute legal proceedings and/or provide credit restructuring services to EXIM Bank’s Recoveries Group, Asset Management Division (“AMD”) related to the referenced claims, involving the referenced debtor and guarantor(s), located in Argen na. The es mated value for this contract is represen ng
fee on recoveries and prepara on of legal documents for transfer of tle to a third party payer of outstanding balance.
The Period of Performance for this contract will be five (5) years. 4. Statutory Authority Permi ng Other than Full and Open Compe

on:

41 USC §3304), as implemented by FAR 6.302. FAR 13.106-1(b) permits the Contrac ng Officer to consider the types of factors listed under FAR Part 6.302 when making the determina on to solicit only one source. FAR 13.106-1(b) does not require that the Contrac ng Officer select only one of the listed

authori es, as is the case when the Compe on in Contrac ng Act applies.] For ac ons exceeding the