Attachment 9 - Draft H-Clause - Liquidated Damages for Key Personnel.pdf
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- Solicitation number
- FA564125RBOS2
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H-02, Liquidated Damages for Key Personnel Vacancies
This is a contract clause establishing liquidated damages provisions for vacancies in designated Key Personnel positions. The clause identifies five essential positions: Moron AB Site Lead, Civil Engineer Manager, Structural Engineer, Fire Chief, and provision for additional Key Personnel as needed. The Contractor must maintain all Key Personnel positions filled at all times with individuals meeting or exceeding minimum qualification requirements specified in the Performance Work Statement (PWS). Initial Manning Certification must be provided upon completion of the phase-in period, and similar written certification is required whenever a vacant position is filled.
The Contractor has sixty (60) calendar days from the date a Key Personnel position becomes vacant to place a qualified individual onsite performing the required duties (the "Vacancy Fill Period"). The clock pauses only during active Government processing of security or country clearance for a Contractor-certified candidate; if the candidate withdraws or is denied clearance for reasons attributable to the candidate, the clock retroactively restarts from the original pause date. The Government retains the right to verify credentials at any time, and any written determination by the Contracting Officer that an individual fails to meet minimum qualifications constitutes a vacancy effective immediately. Should the Contractor fail to fill a vacant Key Personnel position within the Vacancy Fill Period, liquidated damages accrue at $500.00 per calendar day beginning the day immediately following expiration of the period. The total accrued amount is withheld via deduction from the Contractor's next available monthly invoice for CLIN 0001 - Program Management & Integration. The Contractor may temporarily assign another qualified employee to serve in an "acting" capacity not to exceed ninety (90) calendar days, though this does not relieve the obligation to permanently fill the position.
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Text version
H-02, Liquidated Damages for Key Personnel Vacancies
(a) Applicability: The parties agree that the positions listed below are essential for successful contract performance. These positions are designated as Key Personnel:
1. Moron AB Site Lead
2. Civil Engineer Manager
3. Structural Engineer
4. Fire Chief
5. Additional Key Personnel may be added
(b) Performance Standard and Certification: The Contractor shall ensure that all Key
Personnel positions are filled at all times with individuals who meet or exceed the minimum qualification requirements set forth in the Performance Work Statement (PWS).
(i) Initial Manning Certification: Upon completion of the phase-in period, the Contractor shall provide a formal, written certification to the Contracting Officer attesting that all individuals assigned to Key Personnel positions meet the PWS requirements.
(ii) Vacancy Fill Certification: When filling a vacant Key Personnel position, the Contractor shall provide a similar written certification for the replacement candidate as part of the formal notification to the Contracting Officer that the position has been filled.
(c) Interim "Acting" Personnel. The Contractor may temporarily assign another qualified employee to serve in a vacant Key Personnel position on an "acting" basis. However, such an acting assignment shall not exceed ninety (90) calendar days and does not relieve the Contractor of its obligation to permanently fill the position within the Vacancy Fill Period defined herein.
(d) Vacancy Fill Period and Suspension: The Contractor shall have a qualified individual on-site and performing the duties of the Key Personnel position within sixty (60) calendar days (the
"Vacancy Fill Period") from the date the position becomes vacant. The clock for this period shall be paused only during the time the Government is actively processing a security or country clearance for a Contractor-certified, qualified candidate. If a candidate withdraws their acceptance or is denied clearance for reasons attributable to the candidate, the clock shall retroactively restart from the date it was originally paused.
(e) Government Right to Verify: The Government reserves the right to review the credentials
(e.g., resumes, certifications) of any individual assigned to a Key Personnel position at any time to verify compliance with the PWS requirements. A written determination by the CO that an individual does not meet the minimum qualifications shall constitute a vacancy effective on the date of that determination.
(f) Liquidated Damages: Should the Contractor fail to fill a vacant Key Personnel position within the Vacancy Fill Period, the parties agree this will cause substantial damage to mission oversight and performance, the exact amount of which is difficult to ascertain. Therefore, the
Contractor shall pay to the Government, as fixed and agreed liquidated damages and not as a penalty, the amount stipulated below.
(i) Liquidated damages shall accrue at a rate of $500.00 for each calendar day the position remains vacant, beginning on the day immediately following the expiration of the Vacancy Fill
Period.
(ii) The total accrued amount shall be withheld by the Government via a deduction from the contractor's next available monthly invoice for CLIN 0001 - Program Management &
Integration.
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