Standard Recovery - Brazil

1 PERFORMANCE WORK STATEMENT (PWS) DATE: 7/24/2026 1.0 INTRODUCTION This contract is for loan recovery assistance from Varella & Advogados Asociados law firm located in Rio de Janeiro, Brazil, to collect a debt of US – EXIM Bank Claim No. G776114, located in Brazil. The Contractor shall provide all personnel, equipment, supplies, postage, facilities, transportation, tools, materials, travel, supervision, and other items and non-personal services necessary to perform loan recovery Services 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 paid on the claim related to Claim G776114. 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, and Managing Director – Recoveries, within ARG. (c) ARG collects on accounts in three ways: 1. Direct Collection – EXIM Bank officers personally work the collection cases, 2. Local Attorneys – EXIM Bank signs a contract with a local attorney to work on the collection within certain guidelines from EXIM Bank, and 3. Collection Contractor – EXIM Bank contracts with a collection firm to handle collections within certain guidelines from EXIM Bank. **The second collection method is the subject of this Performance Work Statement. ***Collection type for each case is at the discretion of the Asset Management Recovery Office. 3.0 SCOPE The Contractor shall provide collection services and servicing of above-mentioned defaulted loan which may include borrower negotiations, restructuring, and workout agreements. The Contractor is already providing loan recovery services, institute legal proceedings, provide credit restructuring services and take such other actions required to effect recovery for EXIM Bank. -- 1 of 9 -- 2 4.0 OBJECTIVES (NATURE OF WORK) To recover this a s s e t , it has instituted legal proceedings and/or provide a credit restructuring related to the claim, involving the d e b t o r and guarantor(s), located in Brazil. Desired Outcome: To recover as much of the debt as possible given the debtor’s financial circumstance. Constraints: If the Contractor (i.e., Law Firm) is “debarred” (prohibited from performing legal work) based on local jurisdiction directives, the Contractor shall inform EXIM Bank. EXIM Bank will then take appropriate action which may include termination of the contract. 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. The email will include the name of the debtor, the claim number, the buyer debt, the claim amount, and the date the claim was paid. 7.0 SPECIFIC REQUIREMENTS/TASKS Task Introduction: This contract will cover EXIM Bank Claim No. G776114, assigned to Varella & Advogados Associados law firm for recovery. Contractor 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. There will be one contingency fee of % on actual cash applicable for this assigned case and it remains the same throughout the life of that case. 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 Bank reserves the right to cease work on any particular case in the event that: 1. EXIM Bank 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. -- 2 of 9 -- 3 Task 1 – The Contractor shall provide Case Analysis/Due Diligence in Brazil: a. The Government will send a copy of the claim collection 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 has ensured there is no conflict of interest between the firm and the debtor. No work shall be completed by vendors in the event a conflict of interest arises. d. The Contractor will conduct preliminary research /evaluation of the case, including, but not limited to, asset search, credit analysis and legal actions registered against the obligor. Task 2 – The Contractor shall recover Defaulted Debt per Contingency Fee Basis of %. a. The Contractor shall attempt extrajudicial collection of the debt within ten 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.…