Standard Recovery - Italy

This federal document is a Justification and Approval (J&A) for Other Than Full and Open Competition issued by the Export-Import Bank of the United States (EXIM). The purpose of the action is to award a sole-source, five-year Firm Fixed Price purchase order to JAGroup B.V. (also referred to as IA Group B.V.) to provide specialized legal recovery and debt collection services in Italy. The contractor will assist EXIM’s Recovery Group, Asset Management Division, in collecting outstanding defaulted loan debts. The scope of work includes asset searches, site visits, negotiations, litigation, and executing upon assets. Because debt collection in foreign jurisdictions presents unique legal risks—such as counter-suits, tax implications, and criminal referrals—EXIM requires local counsel with specific experience representing foreign government entities. IA Group B.V. is uniquely qualified due to its established local office in Italy, certified legal status under Italian law, registration in SAM, and extensive experience with complex U.S. Government administrative procedures. Using this contractor avoids costly, time-consuming training periods, which is critical to preventing asset dissipation by debtors. Market research confirmed the services are commercial in nature and that no other identified firms possess the required localized knowledge and EXIM-specific experience. Consequently, the Contracting Officer determined that the anticipated costs are fair and reasonable based on historical rates, and EXIM has no current plans to compete subsequent contracts for these services.

This Performance Work Statement (PWS) outlines the Export-Import Bank of the United States (EXIM Bank) requirement to contract a recovery firm to perform loan recovery services in Italy. Working on behalf of the Office of the Board of Directors and the Asset Management Division (AMD), the contractor will target outstanding debt and release a lien pledged under claim case G084779. The selected contractor must have full knowledge of the Italian judicial system, utilizing a registered attorney in Italy if litigation becomes necessary. The scope of work spans three main tasks: conducting preliminary research and asset analysis; attempting extrajudicial collection within 90 days; and filing legal proceedings against the debtor and guarantors upon EXIM Bank's written instruction. Additionally, the contractor is required to submit a recovery plan and a collectability report within 60 days of contract execution. The contract outlines performance metrics, including cost controls, schedule adherence, and business relations, which will be evaluated semi-annually. Compensation will consist of contingency fees based on actual cash recoveries, alongside potential filing fee modifications.