Attachment 7 - Liquidated Damages 13 July 2023.pdf

Rate Hour(s) Daily Rate $63.92 2 $127.84

Project Engineer $63.92 2 $127.84 Chief of Engineering $78.18 1 $78.18

Total $333.86

Rate Hour(s) Daily Rate $63.92 2 $127.84

Project Engineer $63.92 2 $127.84 Total $255.68

Rate Hour(s) Daily Rate Contract Administrator $39.79 2 $79.58 Contracting Officer $63.92 2 $127.84

$78.18 1 $78.18 Total $285.60

Rate Hour(s) Daily Rate Contract Administrator $39.79 2 $79.58 Contracting Officer $63.92 1 $63.92

Total $143.50

E. Total CONS & CES Rates for First and Last Day of Delay: $619.46 F. Total CONS & CES Rates for Other than the First and Last Day: $399.18

Inspector

Legal

D. Contracting Costs for Each Day of Delay Other Than First and Last Day:

B. Civil Engineering Cost per Day of Delay Other Than First and Last:

C. Contracting Costs for First and Last Day of Delay:

Determination to Incorporate Liquidated Damages

This Determination and Findings is based upon the requirements of FAR 11.501(a) & (b), 11.503(b) and 52.211-12.

The Findings are as follows:

DEPARTMENT OF THE AIR FORCE

673d Contracting Squadron/PKA

Joint Base Elmendorf-Richardson, Alaska 99506

FINDINGS

Inspector

A. Civil Engineering Cost for First and Last Day of Delay:

2. IAW FAR 11.503(b), the contract includes the liquidated damages clause 52.211-12. Liquidated damages are to be specified on each order.

4. IAW FAR 11.501(b), Liquidated damages are not punitive and are not negative performance incentives. Liquidated damages are used to compensate the Government for probable damages. Therefore, the liquidated damage rates used are a reasonable forecast of just compensation for the harm that is caused by untimely performance. The liquidated damage rates are determined as follows:

3. IAW FAR 11.501(a), the Contracting Officer has considered the potential impact on pricing, competition, and contract administration before using a liquidated damages clause. Timely performance is so important that the Government may reasonably expect to suffer damage if performance is delinquent, and the extent or amount of the damage would be difficult to estimate accurately or prove.

1. The 673 Civil Engineering Squadron has a requirement for FXSB 23-1024 Install Repair Water Fountains Multiple Buildings

DETERMINATION AND FINDINGS

FXSB 23-1024 Install Repair Water Fountains Multiple Buildings

D&F for Liquidated Damges Page 1 of 2

E. Additional Damages (If necessary): $0.00

5. Hourly rates were derived from the pay tables for each relevant position affected by the delay.

Capt (O-3) $83.87 MSgt (E-7) $64.93 SrA (E-4) $39.79 1Lt (O-2) $70.52 TSgt (E-6) $56.34 A1C (E-3) $31.72 2Lt (O-1) $56.78 SSgt (E-5) $47.86

GS-14 $94.43 GS-12 $63.92 GS-09 $44.40

GS-13 $78.18 GS-11 $53.86

Liquidated damages for the first and last day of unexcusable delay are established at the per day rate of $619.46 .

Liquidated damages for each additional day of unexcusable delay are established at the per day rate of $399.18 .

The liquidated damages computed above are considered fair and reasonable based on our forecast of probable damages.

TERRELL SINGLETON, TSgt, USAF Contracting Officer

C. Engineering rates were provided by the 673 CES Project Engineer and are filed with the requirements package.

On the basis of the above findings and in accordance with FAR 11.501, I hereby determine that it is in the best interest of the Government to include liquidated damages in the subject solicitation and later award.

DETERMINATION

A. Military Rates were derived from AFI 65-503, TABLE A20-2. FY23 Military Rates last updated May 2022.

B. Civilian Rates were derived from AFI 65-503, TABLE A26-1. FY23 Civilian Standard Composit Pay Rate. These factors are General Schedule grade averages of the civilian payroll costs that are financed by Air Force O&M Appropriation 3400.

The factors are based on the total Air Force costs for General Schedule civilian personnel. The factors have been adjusted for current and projected pay raises, plus/minus workdays, increases in Federal Employee Retirement System (FERS) and current year health benefit pricing changes.

D&F for Liquidated Damges Page 2 of 2