B-160886: Sep 20, 1967

TO WAIVE ACCURRED LIQUIDATED DAMAGES BY EXTENDING THE DELIVERY DATE IS DIVISIBLE INTO THREE DISTINCT. THE PRICE OF THE CULLER- STACKER IS CONSIDERATION FOR THE PURCHASE. ABSENT EVIDENCE THE PERFORMANCE DELAY WAS BEYOND THE CONTRACTOR'S CONTROL AND THAT THE GOVERNMENT WAIVED LIQUIDATED DAMAGES. IS UNSUPPORTED BY CONSIDERATION AND LIQUIDATED DAMAGES ARE ASSESSABLE UNDER THE CONTRACT AMENDMENT FROM T...

B-160886: Jul 23, 1968

SECRETARY: REFERENCE IS MADE TO LETTER CC:OP:GL JEFG:OP-488 OF MARCH 25. THE BACKGROUND ON THIS MATTER IS SET FORTH IN OUR DECISION B 160886 OF SEPTEMBER 20. THEREFORE IS NOT REPEATED HERE. IT IS SUGGESTED THAT THE LIQUIDATED DAMAGES CLAUSE MAY BE A NULLITY AND THAT. IN THE EVENT THAT CONTENTION IS REJECTED. IT IS RECOMMENDED THAT LIQUIDATED DAMAGES BE REMITTED ON AN EQUITABLE BASIS UNDER THE AUTH...