Common use of Performance Deficiency Clause in Contracts

Performance Deficiency. If the Coalition determines that the performance of the Vendor is unsatisfactory, the Coalition will notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Coalition. The Vendor shall, within the time specified in the contractual documents after notice from the Coalition, provide the Coalition with a corrective action plan describing how the Vendor will address all issues of non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Coalition, the Vendor may be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then- current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Coalition for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period. for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at Vendor’s expense. Any increase in cost will be charged against the Vendor. Interest penalties for late payment are also provided for in Section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a State Agency /Coalition may be contacted at ▇▇▇-▇▇▇-▇▇▇▇ or by calling the State Comptroller’s Hotline, ▇-▇▇▇-▇▇▇-▇▇▇▇.

Performance Deficiency. If the Coalition determines that the performance of the Vendor is unsatisfactory, the Coalition will notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame timeframe specified by the Coalition. The Vendor shall, within the time specified in the contractual documents after notice from the Coalition, provide the Coalition with a corrective action plan describing how the Vendor will address all issues of non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Coalition, the Vendor may be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then- current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Coalition for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period. period.‌ for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at Vendor’s expense. Any increase in cost will be charged against the Vendor. Interest penalties for late payment are also provided for in Section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a State Agency /Coalition may be contacted at ▇▇▇-▇▇▇-▇▇▇▇ or by calling the State Comptroller’s Hotline, ▇-▇▇▇-▇▇▇-▇▇▇▇.

Performance Deficiency. If the Coalition determines that the performance of the Vendor is unsatisfactory, the Coalition will notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Coalition. The Vendor shall, within the time specified in the contractual documents after notice from the Coalition, provide the Coalition with a corrective action plan describing how the Vendor will address all issues of non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Coalition, the Vendor may be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then- current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Coalition for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period. for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at Vendor’s expense. Any increase in cost will be charged against the Vendor. Interest penalties for late payment are also provided for in Section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a State Agency /Coalition may be contacted at ▇▇▇-▇▇▇-▇▇▇▇ or by calling the State Comptroller’s Hotline, ▇-▇▇▇-▇▇▇-▇▇▇▇.