(a) Liquidated damagesThe Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the contract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) in the event that completion of the project is delayed because of the contractor.
(b) Amount of paymentThe amount of payment required under a liquidated damages provision described in subsection (a) shall be equal to the product of—(1) the daily liquidated damage payment rate; and
(2) the number of days by which the completion of the project is delayed.
(c) Daily liquidated damage payment rate(1) In generalIn subsection (b), the “daily liquidated damage payment rate” means—(A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000;
(B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to or less than $500,000; and
(C) the sum of $200 plus $50 for each $100,000 increment by which the value of the contract exceeds $500,000, in the case of a contract with a value greater than $500,000.
(2) Adjustment in rate permittedNotwithstanding paragraph (1), the daily liquidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the anticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract.
(d) Effective dateThis section shall apply with respect to contracts entered into during fiscal year 2002 or any succeeding fiscal year.
Structure US Code
CHAPTER 28— ARCHITECT OF THE CAPITOL
SUBCHAPTER II— GENERAL POWERS AND DUTIES
§ 1812. Care and superintendence of Capitol
§ 1816. Construction contracts
§ 1816a. Design-build contracts
§ 1816b. Architect of the Capitol, authority for personal services contracts with legal entities
§ 1817. Transfer of discontinued apparatus to other branches
§ 1817a. Disposition of surplus or obsolete personal property
§ 1818. Rental or lease of storage space
§ 1819. Computer backup facilities for legislative offices
§ 1820. Acquisition of real property for Capitol Police
§ 1821. Small purchase contracting authority
§ 1823. Acquisition of real property for Sergeant at Arms and Doorkeeper of the Senate
§ 1823a. Acquisition of real property for Library of Congress
§ 1824. Energy and environmental measures in Capitol Complex Master Plan