
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