FAR 52.211-11 - Liquidated Damages–Supplies, Services, or Research and Development

From Knowledge base
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Prescribed in 11.503(a)

Effective Date:1 September 2000
Clause or Provision:Clause
Provision or Clause Number: 52.211-11 - Liquidated Damages–Supplies, Services, or Research and Development

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Time and Materials/Labor Hour; 
Optional:Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Fixed Price, R&D; Fixed Price, Supply; Cost Reimbursement, Supply; Cost Reimbursement, Service
Subject:Damages
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

(a) Use the clause at 52.211-11, Liquidated Damages—Supplies, Services, or Research and Development, in fixed-price solicitations and contracts for supplies, services, or research and development when the contracting officer determines that liquidated damages are appropriate (see 11.501(a)).

Clause Overview:

Clause

(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 $__________ per calendar day of delay [Contracting Officer insert amount].


(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.

Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:F
Editor:Marshall

Personal notes.

Matrix conflicts with the prescription