Non-Conforming Performance Sample Clauses
The Non-Conforming Performance clause defines the parties' rights and obligations when goods or services delivered under a contract do not meet the agreed-upon specifications or standards. Typically, this clause outlines the procedures for notifying the supplier of the non-conformance, the timeframe for correction or replacement, and any remedies available to the buyer, such as repair, replacement, or refund. Its core function is to ensure that the buyer receives what was promised and to provide a clear process for addressing and resolving issues with substandard performance, thereby minimizing disputes and protecting both parties' interests.
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Non-Conforming Performance. Either party’s failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.
Non-Conforming Performance. All Government discovered non-conformances will be documented at the time of discovery by the COR using DA Form 5479. Documentation will include the contract and task order number, reference to the specific TAR requirement, the specific deficiency to the requirement, where it was discovered, the date and time it was discovered, focal point for the Contractor who was notified and suspense date for Contractor response. The COR will notify the Contractor, in writing, each time a non-compliance is observed. The Contractor will be given a timeline after notification to correct the deficiency IAW requirements of the TAR. Deficiencies that cannot be corrected within the identified time- line will be reported to the KO. Non-conformance will be tallied for Contractor Performance Assessment Rating (CPAR) reporting periods and the results of the data will be used to substantiate objective ratings of Contractor performance in coordination with the PRS. Non- conformances shall be classified in one of three categories: Level I (Minor), Level II (Major), or Level III (Critical):
1.6.2.1. Level I (Minor). Nonconformance is defined as a nonconformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. The Contractor will receive a verbal notification from the Government describing the deficiency.
1.6.2.2. Level II (Major). Nonconformance is defined as a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. The Contractor will receive a written notification from the Government deficiency.
1.6.2.3. Level III (Critical). Nonconformance is defined as a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital mission; is for a repeated or uncorrected level II Contract Deficiency Report (CDR); or is for a non-responsive Contractor to a level II CDR. The Government will document the CPARs, and the Contractor shall provide a corrective action plan to mitigate the recurrence of the deficiency.