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  • Question

    what is the minimum days a contractor has to respond to a cure notice?


    Answer

    The minimum time a contractor has to respond is immediately upon receiving the cure notice.  Guidance for the maximum time is found in FAR 49.402-3(d)  “…the contracting officer shall give the contractor written notice specifying the failure and providing a period of 10 days (or longer period as necessary) in which to cure the failure.”  The contracting officer may use a period of more than 10 days if it is deemed to be reasonably necessary.  Later in paragraph (d) it says: “Upon expiration of the 10 days (or longer period), the contracting officer may issue a notice of termination for default unless it is determined that the failure to perform has been cured.”  Therefore the maximum time (10 days or more as stated) is very important because the contract could be terminated for default at that time.

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