“ You are notified that the Government considers your _ a condition that is endangering performance of the contract. The Cure Notice will conform to the following format: Instead, the CO will consider issuing a Show Cause Letter immediately. If the time remaining in the contract delivery schedule is NOT sufficient to permit a realistic “cure” period of 10 days or more, the “Cure Notice” is not issued. Before using this notice, the Contracting Officer (CO) must be ascertain that an amount of time equal to or greater than the period of “cure” remains in the contract delivery schedule or any extension to it. CURE NOTICE: If a contract is to be terminated for default before the delivery date, a “Cure Notice” is required by the Default clause. This creates a more complicated scenario (e.g., status of contractor employees).Ģ. See FAR subpart 42.13 for Stop-Work Orders. Note: In some instances, the Contracting Officer will send out a Stop-Work Order letter to the contractor concurrent with either a Cure or Show Cause Notice letter. All notices are sent to the contractor with proof of delivery requested. Government contracts.ĥ Things that You Must Understand about FAR 49.607 Delinquency Notices:ġ.
Federal Government contract matters and has a nationwide practice.
He is a member of the State of Maryland Bar and has 30 years of experience in the Government procurement field. Jeffrey Giancola, the Principal, is a cum laude graduate of Columbia University and received his law degree from the University of Virginia. That being said, we recommend that you retain competent counsel at this time. Please understand this: This type of letter of concern is certainly a serious matter and requires a prompt response however, it does not rise to the seriousness level of a Cure Notice of Show Cause Letter, which are formal legal notices under the applicable FAR clauses and a precursor to a default termination. Sometimes, the Contracting Officer will send out a “Letter of Concern” to the contractor that describes technical, cost, or schedule problems being experienced under a Federal contract, and it asks the contractor to respond to the letter with some type of corrective action plan by a certain date. It is highly recommended that you consult a competent Government contract lawyer at such time. Regardless of which notice is received, it requires IMMEDIATE action by the contractor. A contractor may receive one – or both – of these notices under its contract. Government contracts: CURE NOTICE and SHOW CAUSE LETTER. Attorneys Specializing in Government Contracts.įAR 49.607 authorizes the Contracting Officer to issue two types of Delinquency Notices under U.S.
FAR Cure Notices and Show Cause Letters – Letter of Concern.
0 kommentar(er)
