NPM No. 016-2018

Requesting Entity: Endure Medical, Inc.

Issues Concern: Imposition and Computation of Liquidated Damages



Basis of computation of liquidated damages in procurement on a per-item basis.

[F]or purposes of imposing liquidated damages, the delay shall be based on the schedule of delivery for each item, such that failure to deliver the goods on time, per delivery schedule, shall warrant the imposition of one-tenth (1/10) of one percent (1%) of the cost of the “unperformed portion” for every day of delay, until such goods are finally delivered and accepted by the procuring entity. Elsewise put, when delay sets in, liquidated damages is imposed only on the cost or amount that corresponds to the delayed item or items scheduled for delivery.