D.C. Mun. Regs. tit. 8, r. 8-B3028
The CCO shall determine the need for liquidated damages in construction contracts.
In construction contracts estimated to exceed twenty-five thousand dollars ($25,000), the CCO may include a liquidated damages clause.
If liquidated damages are used in a contract, the CCO shall include an appropriate, reasonable rate or rates of liquidated damages.
The provisions of this section shall apply to all liquidated damage clauses included in construction contracts.
When liquidated damages clauses are required or used, if different completion periods for separate parts or phases of the work are specified in the contract, the CCO shall include a provision, providing for liquidated damages for delay or a failure to perform each separate part or phase of the work compensating the University for damages incurred.
The CCO shall base the minimum amount of liquidated damages on the estimated cost of general project conditions for each day of delay in completion. These conditions shall include but are not limited to the estimated costs for project management services, supervision, inspections, construction administration, and increased user relocation costs.
Whenever the University anticipates other specific losses related to the failure of the contractor to complete the work on time, the CCO shall also include in the contract stipulations for incorporating these additional costs as they are identified.
D.C. Mun. Regs. tit. 8, r. 8-B3028