11.15.31.13

.13 Provision for Liquidated Damages.

A. In addition to any other remedies available to the Administration in law, if the contractor fails to provide the services, equipment, or other items required by this chapter within the prescribed time limits, the Administration may elect to provide or obtain services, equipment, or other items necessary to comply with this chapter.

B. Pursuant to §A of this regulation, the contractor shall pay the total cost incurred by the Administration for obtaining replacement services, equipment, and other necessary items.

C. The Administration shall have the unilateral right of alternate source selection to perform the work of this chapter when the contractor does not perform the required work.

D. In addition to the replacement costs described in §A of this regulation, the contractor also shall pay liquidated damages for any delay or failure in performance, as well as for any related damages sustained by the Administration.

E. The assessment of liquidated damages by the Administration against the contractor does not supersede or affect the right of the Administration to impose other remedies available to the Administration.