My RTX5070 is underperforming with lots of frame drops. It is more unstable than my RTX 3060 TI. I need help identifying what the problem is. Driver issue, BIOS issue, or defective card?

Recently, in black friday, I bought a RTX 5070. The model is:

Gigabyte RTX 5070 GAMING OC.

I was exciting to test the card, but I was REALLY disappointed.

I was playing BF 6 with my RTX 3060 TI, getting 90-120 FPS on low, DLSS quality, QHD. Stable, good gameplay.

The RTX 5070 had a horrible performance. It could reach 120 FPS but on average it was 90-100 with constant sutter and frame drops.

I'm no hardware expert, so I asked ChatGPT for help. He told me to use DDU to clean my RTX 3060 TI leftover drivers. I did. I installed the new RTX 5070 drivers.

It got a little better.

It RTX 5070 is able to deliver 120-140 FPS on High, DLSS Quality, QHD. The problem is, frequently it will drop the FPS to 80-90. There was a specific scene where it dropped to 30 FPS...

I tried playing Path of Exile 2. HORRIBLE stutter, very unstable.

Even playing a low demanding game was stuttering.

I don't know what's going on with my card.

ChatGPT told me that this model is the first revision and it had BIOS problems. I searched for the BIOS for this card, didn't find anything.

I used GPU-Z and HWMonitor to monitor my GPU.

ChatGPT says there is a problem with "PerfCap Reason stuck with VRel" where it will never deliver it's full potential.

I have some prints from HWMonitor and GPU-Z, but I can't attach them here.

I asked ChatGPT to summarize what we talked so I can put it here:

"Based on the GPU-Z and HWiNFO readings, the card is clearly running with a faulty early BIOS. Under load, the RTX 5070 Gaming OC is stuck at ~148W (≈64% TDP), which is far below the expected 170–185W for this model. At the same time, PerfCap Reason stays locked on VRel during gameplay, indicating a voltage reliability limit imposed by firmware rather than thermals or normal power limit behavior. Despite boosting correctly to ~2880 MHz, the GPU cannot sustain proper performance because it is effectively power-starved.

The BIOS currently installed is 98.05.36.00.9F, which appears to be an early release not listed on Gigabyte’s official support page for this card (GV-N5070GAMING OC-12GD, Rev 1.0). This explains the inconsistent performance, abnormal power behavior, earlier fan curve issues, and the severe FPS drops. The card likely requires an updated BIOS (e.g., F2 for Rev 1.0 units) to correct the voltage/power tables and restore expected performance."

I know AI can hallucinate so I don't trust it 100%, that's why I'm here asking for help.

Does anyone knows what's going on? What should I do to be able to actually enjoy my new card?