12- Liquidated Damages Painting IDIQ.pdf

DEPARTMENT OF THE AIR FORCE

UNITED STATES SPACE FORCE

50TH SPACE WING

12 November 2020

MEMORANDUM FOR RECORD

SUBJECT: Liquidated Damages for FA2550-21-R-0003 SAFB Painting IDIQ

1. The purpose of this memorandum is to document the need and the daily rate of liquidated damages incorporated on this contract.

2. In accordance with (IAW) FAR 11.501(a), the Contracting Officer has considered the potential impacts on this solicitation and contract, and the Government would likely suffer damage if the performance is delinquent.

3. Furthermore, DFARS 211.503 prescribes the use of FAR 52.211-12, Liquidated Damages –

Construction “in all construction contracts exceeding $700,000, except cost-plus-fixed-fee contracts or contracts where the contractor cannot control the pace of the work.” This is not a cost-plus-fixed-fee contract and the contractor can control the pace of work. This contract is expected to exceed $700,000.

4. Therefore, liquidated damages are included and shall be assessed for delinquent performance on a case-by-case basis for each task order.

5. These liquidated damages were formulated IAW FAR 36.206 and FAR 11.502 Procedures, which FAR 36.206 refers to.

6. These will be assessed against the contractor for each day beyond the completion date set in the Period of Performance taken to complete the project, when such day/s are not excused under FAR 52.249-14 or 52.249-10.

7. These calculations were made using Air Force Instruction 65-503 and the associated table for

Civilian Base Pay, table A31-1, dated 16 October 2019 as accessed on 19 June 2020.

8. The calculations for the daily rate of damages for this contract, at a minimum, are:

a. Civil Engineering personnel:

Project Management Supervisor GS-13 1 hr/day at $82.90/hr = $82.90 Project Manager GS-12 1 hr/day at $68.10/hr = $68.10 Construction Inspector GS-11 2 hr/day at $56.95/hr = $113.90

b. Contracting personnel:

Construction Flight Chief GS-13 1 hr/day at $82.90/hr = $82.90 Contracting Officer GS-13 1 hr/day at $54.78/hr = $54.78 Contract Specialist GS-09 2 hr/day at $47.00/hr = $94.00 Policy Review Analyst GS-13 0.25 hr/day at $82.90/hr = $20.73

c. Legal personnel:

Attorney GS-13 0.25 hr/day at $82.90/hr = $20.73

d. Other expected expenses associated with delayed completion IAW FAR 11.502(b)

None identified at this time.

9. Therefore, the rate of liquidated damages assessed per day of delay is $538.04.

10. If there are any questions or concerns about this memorandum, please contact the undersigned at (719) 567-3456 or jan.mangubat@spaceforce.mil.

JAN A. MANGUBAT

Contracting Officer