EP 1180-1-1
1 Aug 01
for the signature of the CO. Such notification to contractors regarding CWHSSA violations, proposed
assessment of liquidated damages, and CO's recommendations with respect to the proposed assessment
are to be prepared in accordance with FAR 22-406-8(d)(ii). It is imperative that the CO's report on the
violations reflect the following:
(1) Section 104 of the Act provides that any contractor or subcontractor aggrieved by the
withholding of a sum as liquidated damages shall have the right, within 60 days thereafter, to appeal to the
head of the agency for which the contract work is performed.
(2) Such section also provides that the agency head shall have authority to review the administrative
determination of liquidated damages and to issue a final order affirming such
determination, or if it is found that the sum determined is incorrect or that the contractor or subcontractor
violated the provisions of the Act inadvertently, notwithstanding the exercise of due care on his part or
that of his agents, recommendations may be made to the Secretary of Labor that an appropriate
adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability
for such liquidated damages.
(3) In those cases requiring the preparation of a CO's Report with recommendations as to the
disposition of liquidated damages, the report should include the CO's notification as well as the
contractor's request for relief from the proposed assessment. Appendix H is a schematic representation
of the general process of CWHSSA liquidated damages notification and assessment.
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