Attachment C. Deluge Liquidated Damages Signed.pdf

DETERMINATION AND FINDINGS

TO

INCLUDE FAR CLAUSE 52.211-12

Solicitation Number: FA309924R0008 Solicitation Title: Replace Foam Fire Suppression System with Water Deluge System, B50 Date: 7 September 2021

FINDINGS:

1. This will be executed as a Firm-Fixed-Price Contract for construction work related to removal and replacement of the existing foam fire suppression system with a compliant Water Deluge system in building 50 on Laughlin AFB. The work is required in support of the 47th Civil Engineering Squadron.

2. The time of delivery or timely performance is so important that the Government may reasonably expect to suffer damage if the delivery or performance is delinquent, and the extent or amount of such damage would be difficult or impossible to estimate accurately or prove.

3. The contractor has complete control over the pace of work.

4. Use of liquidated damages in construction contracts is a normal trade practice; therefore, use of administrative liquidated damages on this project will not increase pricing on the contract nor affect competition.

5. The costs of inspection and administration are included in the liquidated damages computations attached for the requiring activity, base contracting, and base legal office, are the minimum necessary to adequately survey the contractor's performance and do not constitute a penalty.

DETERMINATION:

The costs of liquidated damages have been determined as follows:

Liquidated Damages Itemization

MXDP 22-1013 Replace Foam Fire System with Water Deluge System, B50

0.5 hr per day @ $ 54.23 /hr $ 27.12

1.0 hr per day @ $ 41.84 /hr $ 41.84

1.0 hr per day @ $ 43.10 /hr $ 43.10

1.0 hr per day @ $ 43.10 /hr $ 43.10

2.0 hr per day @ $ 29.44 /hr $ 58.88

2.0 hr per day @ $ 21.44 /hr $ 42.88

2.0 hr per day @ $ 29.26 /hr $ 58.52

Base Civil Engineer

Chief, Engineering Flight

Chief, Project Management Element

Chief, Portfolio Optimization Element

Senior Project Manager

Construction Inspector

Contract Officer Admin

Contract Specialist Admin 2.0 hr per day @ $ 29.26 /hr $ 58.52

Total Per Day $ 373.96

6. The amount annotated above is the standard charge for liquidated damages per calendar day of delay. The amount noted includes only applicable contractual administration charges. Should equipment, facility charges or any other type of charges other than administration be included, the amount of liquidated damages will be increased to cover those costs to the Government and shall be indicated in the individual delivery order.

7. Based on the calculated charges to be assessed as liquidated damages, the above charges are considered fair and reasonable as to actual damages the government would incur in the event the subject contract is not completed in the allotted time set for the project as the completed date.

KATHERINE H. WELLS, SSgt, USAF Contracting Officer