Good Afternoon:
My question relates to the issuance of a Cure Notice, in accordance FAR 49.607(a). The Cure Notice would be relevant to a signed Purchase Order (by both parties), regarding a late delivery. The Awardee is not the manufacturer, and expressed that the commercial item is delinquent due to supply chain shortages (at the manufacturer level) and COVID-19.
If I issue a Cure Notice, to correct performance (delivery)-------->15 days later No Delivery------>Show Cause Issued--->10 days later no delivery---->Termination By Default issued.
Isn't a Pandemic an excusable delay? So this would not apply?
Also, the Awardee must take ownership. That said, the Purchase Order executed with Vendor X, not the manufacturer, therefore, in that scenario, the above delinquency notice would be applicable, with no pandemic?
Thank you!!