Questions

Question

Government Response

Regional coverage. Will EXIM consider
establishing a BPA with a vendor whose
proposed coverage is concentrated in
one region, such as South and Southeast
Asia and Korea, rather than worldwide?
If so, will BPA Calls for a given country be
competed only among BPA holders that
have demonstrated coverage in that
country?

Worldwide coverage is not stated as a minimum
eligibility requirement. However, as provided in
Sections 6.1 and 6.5, broader verified country
coverage is a significant comparative evaluation
consideration, and vendors demonstrating credible
operational capability in a greater number of
countries may receive more favorable
consideration, all other factors being equal.

Past performance through local counsel.
Where the prime coordinates and
oversees licensed local counsel, may
recovery, enforcement or collection
matters performed by the prime's
proposed local counsel (Category 3)
count toward the three required past
performance examples, provided the
counsel's role is clearly identified?

Yes, provided the submitted project demonstrates
the Vendor's own relevant role and responsibility
for the work. Past performance involving local
counsel may be submitted where the Vendor
coordinated, managed, supervised, or otherwise
had an accountable role in the recovery,
enforcement, collection, restructuring, or assetrecovery effort. The quotation must clearly identify the Vendor's role and the role performed by local
counsel or other third parties.
Consistent with Factor Two, greater evaluation
consideration may be given to projects
demonstrating performance as the prime
contractor or primary accountable entity, the
Vendor's direct role in performance, and effective
oversight of local counsel, subcontractors,
investigators, or partners.

Evidence of Category 3 coverage. Is a
signed, non-exclusive teaming and local
counsel agreement, naming the firm, its
licensed lawyers and the country
covered, sufficient evidence of a
"current written arrangement," or does
EXIM require specific terms or
exclusivity?

A current written, non-exclusive arrangement may
constitute acceptable evidence of Category 3
coverage. Exclusivity is not required by the
solicitation. The documentation should be
sufficient to demonstrate that the arrangement is
current and supports credible operational