RFC QandA 1 Solicitation N3220521R4170.pdf

MILITARY SEALIFT COMMAND

N3220521R4170

QUESTIONS AND ANSWERS

The following are answers to questions received from potential offerors. The answers provide clarification only and do not constitute an amendment to the solicitation.

QUESTION:

1. 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $107,508.00 per calendar day of delay [Contracting Officer insert amount].

MSC has agreed to modifying the above paragraph to cap the liquidated damages to 50% of the contract value. Can this be reflected in this solicitation?

ANSWER:

Clause 52.211-11 will be changed to the following:

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not exceeding $107,508.00 per calendar day of delay. Total Liquidated Damages shall not exceed 50% of the contract value.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)