Low RiskFARGeneral

52.211-11Liquidated Damages—Supplies, Services, or Research and Development.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.211-11 — Liquidated Damages—Supplies, Services, or Research and Development.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.211-11 Liquidated Damages—Supplies, Services, or Research and Development. As prescribed in 11.503(a), insert the following clause in solicitations and contracts: Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000) (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. (End of clause) [65 FR 46067, July 26, 2000]

Source: eCFR, 48 CFR 52.211-11 (https://www.ecfr.gov/current/title-48/section-52.211-11)

Compliance Checklist

  • As prescribed in 11.503(a), insert the following clause in solicitations and contracts: Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000) (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 ].

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.