A cure notice is a written notice from the contracting officer to the contractor stating that the government considers the contractor to be in danger of default for either failure to make progress or failure to perform the contract, and giving the contractor a specified period of time to cure the problem. It is governed by FAR 49.402-3(d) and (e).

The cure notice is a prerequisite to termination for default in most situations. If you terminate a contractor for default without first issuing a cure notice (when one was required), the termination is likely to be converted to a termination for convenience on appeal, which means the contractor gets paid for work performed and you lose your leverage.

A cure notice does not terminate anything. It does not modify the contract. It does not penalize the contractor. It tells the contractor: here is what is wrong, you have this many days to fix it, and if you do not fix it the government may terminate the contract for default. That is all it does. And that is why it should be your first step when you identify a performance problem.

Some offices have a practice of sending "letters of concern" or "letters of caution" before issuing a cure notice. These are not required by the FAR, have no legal effect, and create a problem: they add time between when you identify a deficiency and when you can act on it.

Here is the practical issue. You notice the contractor is falling behind on deliveries. You send a letter of concern. The contractor responds with a recovery plan. The problem continues. You send another letter. Eventually the situation reaches a point where the contractor clearly cannot recover, and now you need to issue a cure notice followed by a show-cause letter and possibly a termination. All the time you spent on letters of concern did not advance the process by a single day.

A cure notice, by contrast, starts the clock. It gives the contractor a defined period to fix the problem. If the problem gets fixed, everyone is better off. If it does not, you have a documented record that the contractor was put on notice, given a fair opportunity to cure, and failed to do so. That record is what protects the government if the termination is appealed.

FAR 49.402-3(d) requires a cure notice before termination for default when the contractor has failed to make progress or failed to perform any other provision of the contract (other than failure to deliver on time). The cure notice must give the contractor at least 10 days to cure the failure.

The key distinction: if the delivery date has already passed, the FAR does not require a cure notice before termination for default. But if the contractor is struggling before the delivery date, you must issue a cure notice and give them a chance to fix it before you can terminate.

A cure notice must contain the following elements. If any of these are missing, the notice may be found deficient on appeal.

• Identification of the contract: contract number, task order number if applicable, and contractor name.
• Specific description of the failure: what the contractor is failing to do or failing to make progress on, referencing the specific contract provisions, PWS sections, or CLIN items involved. Do not be vague. "The contractor is not performing satisfactorily" is insufficient. "The contractor has failed to provide the required monthly status reports for October, November, and December 2025 as required by PWS Section 6.3" is specific.
• Statement that the failure endangers performance: explain how the identified failure, if not corrected, endangers the contractor's ability to perform the contract.
• The cure period: state the number of days the contractor has to cure the deficiency. Minimum 10 days per FAR 49.402-3(e). The cure period begins when the contractor receives the notice.
• Statement of consequences: state that if the contractor fails to cure the deficiency within the specified period, the government may terminate the contract for default under FAR 52.249-8 (fixed-price) or FAR 52.249-9 (cost-reimbursement).

That is the FAR-prescribed format. It is short. In practice, you should supplement this language with a specific description of the failure (dates, contract provisions, quantities) so the record is clear enough to support the next step if the contractor does not cure. The FAR format gives you the structure; your job is to fill in the bracket language with enough detail that anyone reading the record can understand exactly what the contractor was told to fix.

When the cure period ends, one of three things has happened:

The contractor cured the deficiency. Document that the problem was resolved. The cure notice served its purpose. No further action is required unless the problem recurs.

The contractor partially cured or made meaningful progress. You have a judgment call. If the contractor is demonstrating good faith effort and making real progress, you may extend the cure period in writing. If the progress is cosmetic or insufficient, you may proceed to the next step. Document your reasoning either way.

The contractor failed to cure. At this point you have a documented record showing: (1) the contractor was notified of a specific deficiency, (2) the contractor was given a reasonable period to cure it, and (3) the contractor did not cure it. This record supports a termination for default. In most cases, the next step is a show-cause notice (covered in I-21), which gives the contractor one more opportunity to explain why the contract should not be terminated. After that, the termination decision is made, typically with significant involvement from your legal counsel and, in some agencies, a termination contracting officer (TCO).

Vague descriptions of the deficiency. "The contractor's performance has been unsatisfactory" does not tell anyone what was wrong. Cite the specific PWS section, CLIN, or contract provision. Include dates, numbers, and objective facts. The cure notice needs to be specific enough that the contractor knows exactly what to fix and the record shows exactly what was at issue.

Cure period that is too short to allow actual correction. If the deficiency involves hiring staff, procuring materials, or restructuring a team, 10 days may not be realistic. A cure period that appears designed to fail looks pretextual on appeal. Give the contractor enough time to actually cure the problem.

Failing to send the notice in writing. Verbal warnings do not satisfy the FAR requirement. The cure notice must be in writing and you should confirm receipt (certified mail, email with read receipt, or hand delivery with signature).

Issuing the notice after the delivery date has already passed. If the delivery date passed and the contractor did not deliver, a cure notice is not required. You should issue a show-cause notice instead, or proceed to termination if the facts clearly support it. Issuing a cure notice in this situation is not wrong, but it adds time without legal benefit.

Not coordinating with legal. Cure notices create the record that may be litigated before a board of contract appeals. Your legal counsel should review the notice before you send it.