As prescribed in 11.503(a)(90) insert the following clause:
AMOUNT OF LIQUIDATED DAMAGES (JUL 2008) - DLAD
(a) Unless the condition in paragraph (b) below is met, failure of the contractor to deliver any item of supply within the time specified in the contract will result in a downward adjustment of the contract price for that item in accordance with FAR clause 52.211-11, Liquidated Damages - Supplies, Services, or Research and Development.
(b) If this contract is awarded on the basis of delivery to other than the low offeror, the amount specified in FAR 52.211-11(a) will be replaced by a dollar figure calculated as follows:
Calculate the difference between the contract award price and the price of the low offeror. Calculate the difference in the number of days of the delivery schedule of the contract awardee and the number of days of the delivery schedule of the low offer. Divide the price difference by the delivery day difference, for the per day liquidated damage amount to use instead of the amount in FAR 52.211-11(a).
(c) Notwithstanding any other provision of the contract, the total amount of liquidated damages which the contractor may be charged for any item of supply shall in no event exceed twenty-five percent (25%) of the contract price of the delinquent quantities of that item.
(End of Clause)
