Sauer Incorporated

Material Facts

• The government awarded Sauer a Multiple Award Task Order Contract (MATOC) in 2007.
• Sauer submitted a proposal in response to a Request for Proposal (RFP) for the design and construction of the 82nd Airborne Division Headquarters.
• The RFP included a liquidated damages provision based on FAR Clause 52.211-12, stating liquidated damages of $4,365.81 per day for delays.
• The Task Order completion date was extended a total of 160 calendar days via eight modifications.
• The government assessed liquidated damages for the period starting November 17, 2013, through December 20, 2013, totaling $144,071.73.
• Sauer submitted a certified claim challenging the assessment of liquidated damages on September 6, 2019.
• The contracting officer issued a final decision denying Sauer’s claim on November 20, 2019.

Parties

Appellant

Sauer Incorporated

Respondent Agency

U.S. Army District, Savannah

Contract Number

W91278-07-D-0030