9. Liquidated Damages Letter Construction.pdf

UNCLASSIFIED//FOR OFFICIAL USE ONLY

DEPARTMENT OF THE AIR FORCE

UNITED STATES AIR FORCES CENTRAL COMMAND (USAFCENT)

379TH AIR EXPEDITIONARY WING

“The information herein is For Official Use Only (FOUO) which must be protected under the Freedom of Information Act of 1966 and Privacy Act of 1974, as amended. Unauthorized disclosure or misuse of this PERSONAL INFORMATION may result in criminal and/or civil penalties”

Mission ~ Airmen ~ Partners

ALUA 20-0052 & 21-0037

5 April 2021

MEMORANDUM FOR 379 ECONS

FROM: 379 ECES/CENM

SUBJECT: Liquidated Damages; Construction of ALUA 20-0052 & 21-0037

1. It is understood by both parties, the US Government and the Contractor, that the prescribed performance period for the subject project is not to be violated, or Liquidated Damages will be imposed on the contractor by the US Government. Violation of the performance period is any work related to contract completion that has not been done within prescribed performance period. In the event that the contractor fails to complete any or all work preventing completion of design, it is agreed upon that compensatory Liquidated Damages will be assessed to the contractor. Works not completed by the contractor by the contract completion date may be cause for the government to initiate the contract termination process. After initiating this process the Government will assess liquidated damages up to 90 working days and/or 25% of the total contract award cost at which point the contract will be terminated.

2. Runway markings will continue to be out of regulation and fade, which could pose a takeoff and landing hazard especially in low visibility. Taxiway markings will continue to be out of regulation and fade, which could pose as aircraft transiting hazard especially in low visibility.

Ground vehicles without proper authorization may inadvertently enter restricted areas. There will continue to be an uptick in Controlled Movement Area (CMA) crossing incidents.

3. Due to the importance of the project a liquidated damage has been calculated and will consist of $967.50 (3,531.37 QAR) for each day of delay, and $925.21 (3,377.02 QAR) for each day of construction completion delay. In addition, the Liquidated Damages set forth herein are mutually agreed to be reasonably related to the actual damages that would be incurred by the US Government.

4. Please contact me at 455-1039 if you have questions.

“The information herein is For Official Use Only (FOUO) which must be protected under the Freedom of Information Act of 1966 and Privacy Act of 1974, as amended. Unauthorized disclosure or misuse of this PERSONAL INFORMATION may result in criminal and/or civil penalties”

Mission ~ Airmen ~ Partners

BRIAN J FINK, 2D LT, USAF

Design Cell OIC

Attachment:

Liquidated Damages Calculations

“The information herein is For Official Use Only (FOUO) which must be protected under the Freedom of Information Act of 1966 and Privacy Act of 1974, as amended. Unauthorized disclosure or misuse of this PERSONAL INFORMATION may result in criminal and/or civil penalties”

Mission ~ Airmen ~ Partners

UNCLASSIFIED//FOR OFFICIAL USE ONLY

Total Cost

Pay Grade # PSNL Annual DOD Composite Rate*1 Hourly Rate Hrs/Day Total $49.85 O3 1 $155,063 $74.55 0.25 $18.64 O2 1 $129,848 $62.43 0.5 $31.21

Total Cost

Pay Grade # PSNL Annual DOD Composite Rate*1 Hourly Rate Hrs/Day Total $676.63 E5 2 $87,962 $42.29 8 $676.63

Total Cost

Pay Grade # PSNL Annual DOD Composite Rate*1 Hourly Rate Hrs/Day Total $54.65 O1 1 $102,869 $49.46 0.25 $12.36 E5 1 $87,962 $42.29 1 $42.29

Total Cost

Pay Grade # PSNL Annual DOD Composite Rate*1 Hourly Rate Hrs/Day Total $42.29 E5 1 $87,962 $42.29 1 $42.29

Total Cost

Position # PSNL Grand Overburden Cost*2 Hourly Rate Hrs/Day Total $144.08 Engineer 1 $149,838 $72.04 1 $72.04

CM 1 $149,838 $72.04 1 $72.04

Total Cost

$967.50 3531.37

Total Cost $925.21 3377.02Liquidated Damages as Cost to Government (QAR)

Liquidated Damages as Cost to Government (QAR) Grand Total Cost to Government: (CE +CONS+ AMENTUM)

Liquidated Damages as Cost to Government (USD)

Liquidated Damages Calculation Military Personnel Costs to Government (379 Expeditionary Civil Engineer SQ)

Military Personnel Costs to Government (Unit Pass Coordinantors)

Military Personnel Costs to Government (379 Expeditionary Civil Engineer SQ FP)

Military Personnel Costs to Government (379 Expeditionary Contracting SQ)

AMENTUM Personnel Costs to Government

Kickback Cost to Government: (CE +CONS + UPC + AMENTUM) Liquidated Damages as Cost to Government (USD)

Note *1: The Annual DOD Composite Rate was calculated directly from the Military Composite Standard Pay and Reimbursement Rates, Department of the Air Force, For Fiscal Year 2020 section of the FY2020 Department of Defense (DoD) Military Personnel Standard Pay and Reimbursement Rates (Published 12 April 2019). The hourly rate, however, was deviated to reflect the standard practice of 2080 work hours per year.

Note *2: The Grand Overburden Cost was calculated directly from the AMENTUM Engineering Support Service Contract. The value was an average for all Design Engineers and Construction Managers working in the Engineering Flight. The hourly rate was adjuste to reflect the standard practice of 2080 work hours per year.