(1) The
procurement contract may provide that the contractor is liable for payment of an
agreed sum for delay in the performance due under the contract.
(2) Where
a clause for payment of liquidated damages is provided in the contract, it shall
specify –
(a)
the agreed
sum to be paid per unit time of delay;
(b)
the
maximum amount due under the liquidated damages clause; and
(c) that the
contractor is not relieved of its liability for performance of the procurement
contract by virtue of payment under the liquidated damages clause.