WHAT IS A CURE NOTICE?
A Cure Notice is a formal written notification from a Contracting Officer (CO) informing a contractor that the government considers their performance deficient and that failure to correct the deficiency within a specified period (typically 10 calendar days) may result in termination for default under FAR 49.402-3.
A Cure Notice is not a termination. It is a warning and an opportunity. The government is required to give you this notice before terminating for default on most contract types. Your response determines whether the contract survives or dies.
The critical thing to understand: the Contracting Officer is giving you a chance to fix the problem. They are not looking for excuses. They are looking for evidence that you understand the deficiency, have identified the root cause, and have a credible plan to fix it within the cure period.
You typically have 10 calendar days from receipt of the Cure Notice to demonstrate that you have cured the deficiency or have a credible plan to cure it. Some Cure Notices allow longer. Read yours carefully. The clock starts the day you receive it, not the day you open it.
STEP-BY-STEP: HOW TO RESPOND
Identify every specific deficiency cited. Number them. The CO may cite multiple deficiencies in a single notice. Each one requires a separate, specific response. Note the exact FAR/DFARS clauses referenced, the cure deadline, and what the CO says is required to demonstrate cure.
Do not assume you know what the problem is. Read what the government actually wrote. Many contractors respond to the problem they think exists rather than the deficiency the CO actually cited.
Within 24 hours of receiving the notice, assemble your Program Manager, the person closest to the day-to-day work, your contracts lead, and if you have one, an outside advisor with cure notice experience. Do not try to handle this alone. Do not delegate it to a junior contracts person.
Take at least one visible corrective action within 48 hours. This demonstrates good faith to the CO before your written response arrives. Whether it is deploying additional staff, holding an emergency all-hands, or delivering a past-due item, show movement immediately.
For each cited deficiency, answer these questions: What directly caused the failure? What systemic factors contributed? How much of the responsibility is yours versus external factors? When did performance start degrading? Was anyone flagging the problem before the Cure Notice arrived?
Honesty is your most valuable tool here. Contracting Officers have seen hundreds of cure notice responses. They can tell immediately when a contractor is deflecting blame. Acknowledge what you got wrong. Then show how you will fix it. Credibility is what saves contracts, not spin.
For each deficiency, your Corrective Action Plan (CAP) must include: the specific corrective action, the name and title of the person accountable, the completion date (within the cure period), how the government can verify the cure, and what systemic change prevents recurrence.
Every action must be specific, measurable, and time-bound. "Improve communication" is not a corrective action. "Institute weekly status meetings every Tuesday at 1000 with the COR, led by the PM, with written minutes distributed within 24 hours" is a corrective action. The CO needs to see that you have a real plan, not aspirations.
Your response letter should follow this structure: open by acknowledging receipt of the Cure Notice and expressing commitment to curing all deficiencies. Then address each deficiency individually with the root cause, your acknowledgment of responsibility, the corrective action with dates and owners, and the verification method. Close with a summary timeline showing all actions completing before the deadline, and offer to meet with the CO to discuss.
Tone matters. Professional, accountable, forward-looking. Never defensive, never legalistic, never accusatory toward the government even if government actions contributed to the problem. This letter should read as a company that takes its obligations seriously and has already begun fixing the problems.
Submit your response with time to spare. Do not wait until day 10. Then execute every single action in your CAP on the dates you committed to. Send the CO proactive updates as milestones are completed. Document everything. The cure period is not just about the response letter. It is about demonstrating through action that performance has changed.
THE 5 MISTAKES THAT DESTROY CURE NOTICE RESPONSES
1. RESPONDING TO THE WRONG PROBLEM
The most common failure. The contractor addresses what they think the issue is, not what the CO actually cited. Read the Cure Notice language exactly. Respond to what is written, not what you assume.
2. BLAMING THE GOVERNMENT
Even when government actions contributed to the deficiency, your response is not the place to litigate fault. Acknowledge your responsibility first. Provide context about contributing factors factually and without accusation. The CO knows what happened on their side. What they need to see is that you own your part and can fix it.
3. VAGUE CORRECTIVE ACTIONS
"We will improve our processes" is not a corrective action. "We will hire two additional engineers by April 5, assign them to CLIN 0003, and have them trained on the SOW requirements by April 12, with the PM verifying completion and reporting to the COR by April 15" is a corrective action. Specificity is credibility.
4. OVER-PROMISING
In the panic of a Cure Notice, contractors often commit to actions they cannot realistically deliver. If you promise to deploy five additional staff by next week and only three arrive, you have now demonstrated that your word cannot be trusted. Commit only to what you can actually execute.
5. GOING SILENT AFTER SUBMITTING
The response letter is the beginning, not the end. Contractors who submit a response and then go silent lose the CO's confidence. Send proactive updates. Complete milestones visibly. Make it easy for the CO to see that the cure is working.
WHEN GOVERNMENT ACTIONS CONTRIBUTED TO THE PROBLEM
Sometimes the government's own actions contribute to contractor performance failures: late-issued modifications, delayed GFE/GFI, inadequate workspace, changing requirements without adjusting the timeline. If this is your situation, you still need to acknowledge your responsibility for the deficiency as cited. But you can and should provide factual context.
Reference specific dates, correspondence, and events. "On February 12, the COR directed a change in the deliverable format via email, which required rework of CDRLs 003 through 007. The original delivery date was not adjusted." This is factual context. "The government kept changing its mind" is blame. The difference matters.
If government actions are a significant contributing factor, consider whether a Request for Equitable Adjustment (REA) is appropriate as a separate action after the cure period closes. Do not conflate your cure notice response with a claim. Solve the immediate crisis first.
AFTER THE CURE PERIOD: WHAT HAPPENS NEXT
If the CO determines you have cured the deficiency, the contract continues. There is no formal "cure accepted" letter required by the FAR, but many COs will acknowledge receipt and acceptance of the cure informally. Continue executing your corrective actions and preventive measures. The government will be watching closely.
If the CO determines you have not cured the deficiency, termination for default proceedings may begin. At that point, you should consult with legal counsel experienced in government contract disputes. The appeals process through the Boards of Contract Appeals or the Court of Federal Claims is available, but the strongest defense is a well-documented cure period where you demonstrated good faith effort.
BULWARK CURE NOTICE EMERGENCY RESPONSE
If you are holding a Cure Notice right now, Bulwark Consulting begins within 24 hours of engagement. We draft your response, build your corrective action plan, and position your company to save the contract.
Request Emergency ResponseRELATED RESOURCES
Cure Notices rarely appear in isolation. Contractors facing a cure notice often have underlying CPARS exposure, proposal compliance gaps, or systemic performance issues that need attention beyond the immediate crisis.
Explore Bulwark's Contract Performance Recovery service for comprehensive stabilization after the cure period, or take the Contract Risk Diagnostic to assess your overall program health in 3 minutes.