Inform the procurement officer as soon as possible.

Document all non-conformities (pictures, Service Orders (OS), reserves in acceptance reports).

Keep all records in writing (emails, correspondence, history of facts etc.).

Assess the situation:

• Collect documentation, the history of exchanges and discuss,
• Identify options (penalties, withdrawal of bank guarantee, plan B, if any),
• Prepare negotiations, if needed,
• Review termination terms of the contract,
• Etc.

Stick to the contract. Inform the contractor on a need-to-know basis in due time.

Use the contractual tools to settle disputes (penalties, withdrawal of bank guarantee, letter of notice etc.)

Hold meeting(s) with the contractor, as appropriate.

Roles and responsibilities between technical and procurement officers shall be decided beforehand. Prepare meetings as appropriate and ensure that CERN “speaks with one voice”.

Prepare letter of notice ensuring that it:

• Includes a description of facts, non-conformities, defaults,
• Requests the implementation of the remedial measures etc.,
• Defines clear and reasonable deadlines,
• Informs the contractor of the contractual consequences in case of failure to remedy the situation. 

Send the notice to the contractor by registered letter, with the technical officer and technical and IPT group leaders in copy.

File the letter of notice (both paper and electronic format).

After the deadline is reached, assess the situation again. Take a decision:

• Continue the contract;
• Terminate the contract (refer to section “Termination of the contract”).

Beware: notify the contractor of the decision as soon as the deadline has elapsed, failure to do so may be interpreted by Courts as a decision to continue the contract.