Reconsideration of Request for Remission of Liquidated Damages

A company and an agency requested reconsideration of the denial of the agency's request for partial remission of liquidated damages assessed against the company for delivery delinquency. They argued that the company's contract was terminated for default and that it had no control over deliveries by its replacement. The fact that the company could not control its replacement's efforts to deliver goods required that there be a maximum period for which liquidated damages could be assessed but provided no further equitable basis for remitting the damages. The prior decision was sustained.