Example B
Performance Deficiency Warning Letter for Contract Noncompliance
Date MM/DD/YY
Delivery via Certified Mail # xxx; Return Receipt Requested
Or Delivery Via Email to (specify email address) with Electronic Return Receipt
Contractor’s Superintendent
Prime Contractor Company Name
Local Mailing Address
Financial Project ID:
FAP No:
Contract No.:
County:
RE: PERFORMANCE DEFICIENCY WARNING LETTER FOR CONTRACT NONCOMPLIANCE;
NOTICE OF INTENT TO WITHHOLD MONTHLY PROGRESS ESTIMATE
This is to advise that a Performance Deficiency Warning is hereby issued on this project for the following category(s):
(List all pertinent performance categories)
Category No. Performance Category Name
A Notice of Noncompliance was issued mm/dd/yy and the following noncompliance conditions have not been
resolved as directed therein.
(List all unresolved Noncompliance conditions)
CONTRACTOR’S NAME: NAME OF CONTRACTOR IN NONCOMPLIANCE
AREA OF NONCOMPLIANCE: DBE, EEO/AA, OJT, or WAGES
DOCUMENT OR REQUIREMENT: DOCUMENT & FORM or REQUIREMENT
REPORTING TIMEFRAME: SPECIFIC STATEMENT
This performance deficiency warning is to let you know that your company is out of compliance on the above
Performance Category(s). If your company continues to work out of compliance a Performance Deficiency Letter will
be issued, the Monthly Progress Estimate for mm/yy will be withheld, and your Contractor’s Past Performance Rating
will be adversely impacted. Your company needs to make all necessary corrections to ensure that all work is being
performed in accordance with the contract.
This noncompliance is to be resolved by the close of business on mm/dd/yy.
Resolution may be accomplished by mailing, faxing, or emailing the completed document(s) to the project’s RCS at
the addresses shown. Failure to comply may result in the withholding of the mm/yy Progress Estimate and issuance
of a Performance Deficiency Letter. Please call me at xxx-xxx-xxxx or email me at (address) if I can provide additional
information or assistance. Thank you for your cooperation
Sincerely,
Project Administrator
Cc: Resident Engineer
Prime’s corporate official
Prime’s EEO Officer
Project RCS
District Contract Compliance Manager
District Construction Engineer