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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.227-7030 Technical data—withholding of payment.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This clause lets the Contracting Officer withhold 10% of the total contract price or amount if required technical data is delivered late or is deficient, including having restrictive markings not on the required list. The withholding continues until the Government accepts the data, but it does not apply if the contractor's failure was caused by events beyond the contractor's control and without its fault or negligence.

Applies to: Contractors required to deliver technical data under this contract

What it requires

  • Deliver the specified technical data within the time required by the contract
  • Deliver the technical data without deficiencies, including restrictive markings not identified in the applicable list

Key terms: technical data · Contracting Officer · withhold payment · restrictive markings · causes beyond the control and without the fault or negligence of the Contractor

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

As prescribed at 227.7103-6(e)(2) or 227.7104-4(b)(6), use the following clause:

Technical Data—Withholding of Payment (MAR 2000)

(a) If technical data specified to be delivered under this contract, is not delivered within the time specified by this contract or is deficient upon delivery (including having restrictive markings not identified in the list described in the clause at 252.227-7013(e)(2) or 252.227-7018(e)(2) of this contract), the Contracting Officer may until such data is accepted by the Government, withhold payment to the Contractor of ten percent (10%) of the total contract price or amount unless a lesser withholding is specified in the contract. Payments shall not be withheld nor any other action taken pursuant to this paragraph when the Contractor's failure to make timely delivery or to deliver such data without deficiencies arises out of causes beyond the control and without the fault or negligence of the Contractor.

(b) The withholding of any amount or subsequent payment to the Contractor shall not be construed as a waiver of any rights accruing to the Government under this contract.

(End of clause)

Sections it refers to

  • 227.7103-6 Contract clauses.
  • 227.7104-4 Solicitation provisions and contract clauses.
  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
  • 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.

Sections that refer to it

← 252.227-7029 [Reserved] · 252.227-7031 [Reserved] →

Rule changes for DFARS Part 252

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 252.227-7030 Technical data—withholding of payment · SpendQuery