MFR Liquidated Damages YAQF192039 Repair Airfield Lighting rev 1.pdf
PDF 201 KB Posted
- Attached to
- Repair Airfield Lighting System Volk Field CRTC
- Solicitation number
- W912J226RA011
- Issued by
-
Department of the Army National Guard
About this file
This is a Memorandum for Record (MFR) documenting the Contracting Officer's justification and rate calculation for liquidated damages in a federal construction contract.
The MFR covers Project YAQF 192039, a repair of the Airfield Lighting System at CRTC Volk Field. The Contracting Officer determined that timely completion is critical to mission readiness, as delays would cause airfield downtime disrupting operational capabilities and incurring additional labor costs. The Government will include FAR 52.211-12 (Liquidated Damages – Construction) in the solicitation and resulting contract. The calculated daily liquidated damages rate is $2,129.11 per calendar day plus a one-time legal services fee of $153.00. This rate was established through a detailed cost analysis including: Contracting Officer time (3 hours daily at $100.29/hour = $300.87); Contract Specialist time (1 hour daily at $92.73/hour = $92.73); Contracting Officer Representative time (2 hours daily at $141.47/hour = $282.94); Architect/Engineer contracted services (1 hour daily at $152.57/hour = $152.57); and a daily airfield downtime flat rate of $1,300.00. All hourly rates represent fully burdened civilian salaries including locality and fringe benefits based on the current OPM General Schedule. The Contracting Officer determined this rate represents a fair, reasonable, and conservative forecast of damages the Government will suffer from contractor delay.
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Text version
MEMORANDUM FOR RECORD (MFR)
SUBJECT: Justification and Rate Calculation for the Use of Liquidated Damages
PROJECT: YAQF 192039 Repair Airfield Lighting System SRM
PROJECT: YAQF 192039 Repair Airfield Lighting System SRM
REFERENCE: FAR 11.501 (Policy), FAR 11.502 (Procedures), and FAR 36.206 (Liquidated Damages in Construction)
1. PURPOSE:
The purpose of this memorandum is to document the Contracting Officer’s justification for including the Liquidated Damages clause (FAR 52.211-12) in the subject solicitation, and to establish the daily liquidated damages rate as a reasonable forecast of the actual harm the Government will incur due to contractor delay.
2. JUSTIFICATION FOR USE (FAR 11.501):
Timely completion of the subject project is critical to the mission readiness of the installation. A delay in the completion of this repair will cause airfield downtime disrupting CRTC Volk Field mission capabilities as well as additional labor costs for personnel.
While the Government will undoubtedly suffer financial and operational harm from a delay, the exact extent or amount of these damages is difficult or impossible to estimate with absolute precision at the time of contract formation. Therefore, assessing liquidated damages is both appropriate and necessary to protect the Government's interests.
3. RATE CALCULATION WORKSHEET (FAR 11.502):
The daily rate calculated below is not a penalty. It is a reasonable estimate of the daily costs the Government will incur for extended inspection, project superintendence, and contract administration if the contractor fails to complete the work by the established schedule. There is also a one-time charge of $153.00 for legal services that will Apply.
Note: The hourly rates below represent fully burdened civilian salaries (including locality and fringe benefits) based on the current OPM General Schedule.
Cost Category / Personnel Estimated Daily Effort (Hours)
Fully Burdened Hourly Rate
Total Daily Damages
A. Contracting Officer / NH-4 3 $100.29 $300.87
B. Contract Specialist / E7 1 $92.73 $92.73
C. Contracting Officer Representative / O4
2 $141.47 $282.94
D. Architect/Engineer Services / Contracted
1 $152.57 $152.57
E. Airfield Downtime N/A (Daily Flat Rate) N/A $1,300.00
TOTAL ESTIMATED DAILY COST:
$2,129.11
4. DETERMINATION:
Based on the calculation worksheet above, the Government has determined that the calculated rate of $2129.11 per calendar day plus a one-time fee of $153.00 for legal services is a fair, reasonable, and conservative forecast of the damages the Government will suffer.
PROJECT: YAQF 192039 Repair Airfield Lighting System SRM
Therefore, the Contracting Officer will insert FAR 52.211-12, Liquidated Damages – Construction, into the solicitation and resulting contract, stipulating a rate of $2,129.11 for each calendar day of delay plus one-time legal services fee of $153.00.
Zachary R. Tevis Contracting Officer
| 2026-06-29T10:08:12-0500 | |
| TEVIS.ZACHARY.RYAN.1239025885 |
File details come from the government source that posted it. Updated .