3389 LCHD-ESS Section F - OCT2025.docx

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3389 LCHD-ESS Special Notice - Draft Specification
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This document is a Section F Deliveries or Performance section from a federal contract for a vessel delivery. The contractor is required to deliver the vessel, its components, materials, and spare parts to U.S. Moorings in Portland, Oregon, specifically located at Willamette River Mile 6.08 - 6.21. The contract includes liquidated damages provisions, stipulating that the contractor will pay a fixed daily amount for each calendar day of delay in delivery, with specific exemptions for delays caused by circumstances beyond the contractor's control. The liquidated damages clause allows the government to terminate the contract and seek alternative delivery or performance if significant delays occur.

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PART I - THE SCHEDULE – SECTION F

DELIVERIES OR PERFORMANCE

F03 PLACE OF DELIVERY

The contractor shall deliver the vessel, its components, materials, and spare parts to the following location:

U.S. Moorings 8010 NW St. Helens Road, Portland, OR 97210

Willamette River Mile (RM): 6.08 – 6.21

F04 LIQUIDATED DAMAGES

FAR 52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVICES OR RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of:

For Contract (CLIN 0001) $XXXXX

(b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Termination for Default ‑ Fixed Price, Supply and Services clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

(c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Termination for Default ‑ Fixed Price, Supply and Services clause of this contract.

(End of Clause FAR 52.211-11)

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