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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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58 sections with “withhold from payment”: the first 40

  • FAR 22.406-9 Withholding from or suspension of contract payments.
    (a) Withholding from contract payments. If the contracting officer believes a violation exists (see 22.406-8), or upon request of the Department of Labor, the contracting officer must withhold from payments due the contractor an amount equa…
  • FAR 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.
    …bed in 27.409(j), insert the following clause: Technical Data Declaration, Revision, and Withholding of Payment—Major Systems (MAY 2014) (a) Scope of declaration. The Contractor shall provide, in accordance with 41 U.S.C. 2302(e)(7), the …
  • FAR 28.106-7 Withholding contract payments.
    (a) During contract performance, agencies shall not withhold payments due contractors or assignees because subcontractors or suppliers have not been paid. (b) If, after completion of the contract work, the Government receives written notic…
  • DFARS 222.406-9 Withholding from or suspension of contract payments.
    (a) Withholding from contract payments. The contracting officer shall contact the labor advisor for assistance when payments due a contractor are not available to satisfy that contractor's liability for Construction Wage Rate Requirements o…
  • FAR 22.1022 Withholding of contract payments.
    …yment) of compensation due employees performing the contract. The contracting officer may withhold—or, upon written request of the Department of Labor from a level no lower than that of Deputy Regional Administrator, Wage and Hour Division,…
  • FAR 29.204 Federal excise tax on specific foreign contract payments.
    …CFR 1.5000C-1 through 1.5000C-7 require acquiring agencies to collect this excise tax via withholding on applicable contract payments (see 29.402-3, 31.205-41(b)(8)). Agencies merely withhold the tax (section 5000C tax) for the Internal Rev…
  • FAR 52.232-12 Advance Payments.
    … charges, and other payments exceed _ percent of the contract price, the Government shall withhold further payments to the Contractor. On completion or termination of the contract, the Government shall deduct from the amount due to the Cont…
  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    … to the ability of a subcontractor to furnish a performance bond and a payment bond; (2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may …
  • FAR 32.111 Contract clauses for noncommercial purchases.
    …r contract is contemplated. If the contracting officer determines that it is necessary to withhold payment to protect the Government's interests, paragraph (a)(7) of the clause permits the contracting officer to unilaterally issue a modific…
  • FAR 33.104 Protests to GAO.
    …ester or intends to produce in its report, and those documents that the agency intends to withhold from the protester and the reasons for the proposed withholding. Any objection to the scope of the agency's proposed disclosure or nondisclos…
  • FAR 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation.
    …djusts this civil monetary penalty for inflation no later than January 15 each year. (c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds requi…
  • FAR 52.222-7 Withholding of Funds.
    As prescribed in 22.407(a), insert the following clause: Withholding of Funds (MAY 2014) The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhol…
  • FAR 52.227-13 Patent Rights—Ownership by the Government.
    …o appropriate conditions to protect the confidentiality of the information involved. (g) Withholding of payment. (This paragraph does not apply to subcontracts.) (1) Any time before final payment under this contract, the Contracting Office…
  • FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.
    … its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. (c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by usi…
  • FAR 52.229-12 Tax on Certain Foreign Procurements.
    …c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party …
  • FAR 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts.
    …acting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Governmen…
  • FAR 52.232-10 Payments Under Fixed-Price Architect-Engineer Contracts.
    …Contracting Officer or authorized representative. The Contracting Officer shall require a withholding from amounts due under paragraph (a) of this clause of up to 10 percent only if the Contracting Officer determines that such a withholding…
  • DFARS 242.7000 Contractor business system deficiencies.
    …S.C. 3841 note prec., as amended by section 816 of Pub. L. 112-81). (b) Determination to withhold payments. If the contracting officer makes a final determination to disapprove a contractor's business system in accordance with the clause a…
  • DFARS 252.242-7005 Contractor business systems.
    …ess system contains material weaknesses, the final determination will include a notice to withhold payments. (e) Withholding payments. (1) If the Contracting Officer issues the final determination with a notice to withhold payments for ma…
  • DFARS 252.244-7001 Contractor Purchasing System Administration.
    …in this clause, may result in disapproval of the system by the Contracting Officer and/or withholding of payments. (c) System criteria. The Contractor's purchasing system shall— (1) Have an adequate system description including policies, …
  • FAR 52.216-9 Fixed Fee—Construction.
    …d from estimates submitted to and approved by the Contracting Officer, but subject to the withholding provisions of paragraph (c) below. (c) The Contracting Officer shall withhold a reserve not to exceed 15 percent of the total fixed fee o…
  • FAR 52.216-10 Incentive Fee.
    …stimated cost initially negotiated, adjusted in accordance with paragraph (d) below. (c) Withholding of payment. (1) Normally, the Government shall pay the fee to the Contractor as specified in the Schedule. However, when the Contracting O…
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    … for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and (4) This certification is not…
  • FAR 22.1905 Enforcement of Executive Order Minimum Wage Requirements.
    …herwise enforce the terms and conditions of the contract. (2) Contracting officers shall withhold payment at the direction of the Administrator. (3) The contracting officer shall withhold payment, without a request from the Administrator,…
  • FAR 22.2109 Enforcement of Executive Order 13706 paid sick leave requirements.
    …anted, in accordance with the procedures in 29 CFR 13.43. (d) Remedies and sanctions—(1) Withholding or suspending payment. The contracting officer shall, upon his or her own action or upon written request of the Administrator of the Wage …
  • FAR 52.242-2 Production Progress Reports.
    …ng a production progress report required under this contract, the Contracting Officer may withhold from payment an amount not exceeding $25,000 or 5 percent of the amount of this contract, whichever is less. (End of clause)
  • DFARS 252.227-7038 Patent Rights—Ownership by the Contractor (Large Business).
    …o appropriate conditions to protect the confidentiality of the information involved. (k) Withholding of payment (this paragraph does not apply to subcontracts). (1) Any time before final payment under this contract, the Contracting Officer…
  • DFARS 252.242-7006 Accounting System Administration.
    … maintain an acceptable accounting system, as defined in this clause, shall result in the withholding of payments if the contract includes the clause at 252.242-7005, Contractor Business Systems, and also may result in disapproval of the sy…
  • DFARS 252.245-7003 Contractor Property Management System Administration.
    …in this clause, may result in disapproval of the system by the Contracting Officer and/or withholding of payments. (c) System criteria. The Contractor's property management system shall be in accordance with paragraphs (b) and (f) of the c…
  • FAR 3.502-2 Subcontractor kickbacks.
    …hich such kickback relates; (2) The contracting officer may direct a prime contractor to withhold from any sums owed to a subcontractor under a subcontract of the prime contract the amount of any kickback which was or may be offset against…
  • FAR 22.406-6 Payrolls and statements.
    …al Use), or a similar form that provides the same data and identical representation. (b) Withholding for nonsubmission. If the contractor fails to submit copies of its or its subcontractors' payrolls promptly, the contracting officer shall…
  • FAR 27.406-3 Major system acquisition.
    (a) The clause at 52.227-21, Technical Data Declaration, Revision, and Withholding of Payment—Major Systems, implements 41 U.S.C. 2302(e). When using the clause at 52.227-21, the section of the contract specifying data delivery requirements…
  • FAR 32.804 Extent of assignee's protection.
    …omply with, the terms of the contract. (iv) Taxes or social security contributions. (v) Withholding or nonwithholding of taxes or social security contributions. (c) In some circumstances, a setoff may be appropriate even though the assig…
  • FAR 52.222-41 Service Contract Labor Standards.
    …A pay period under this statute may not be of any duration longer than semi-monthly. (k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contract…
  • FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.
    …gations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to b…
  • FAR 52.222-62 Paid Sick Leave Under Executive Order 13706.
    …ll their obligations through an individual fund, plan, or program (see 29 CFR 13.8). (e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Lab…
  • FAR 52.229-13 Taxes—Foreign Contracts in Afghanistan.
    …tractors from Afghan tax laws. To the extent required by Afghan law, the Contractor shall withhold tax from the wages of these employees and remit those payments to the appropriate Afghan taxing authority. These withholdings are an individu…
  • DFARS 234.201 Policy.
    …he system based on input received from functional specialists and the auditor; and (iii) Withhold payments in accordance with the clause at 252.242-7005, Contractor Business Systems, if the clause is included in the contract. (B) Follow t…
  • DFARS 242.7203 Review procedures.
    …esses; (2) Disapprove the system in accordance with the clause at 252.242-7004; and (3) Withhold payments in accordance with the clause at 252.242-7005, Contractor Business Systems, if the clause is included in the contract. (ii) Follow …
  • DFARS 252.215-7002 Cost Estimating System Requirements.
    …ive action plan showing milestones and actions to eliminate the material weaknesses. (g) Withholding payments. If the Contracting Officer makes a final determination to disapprove the Contractor's estimating system, and the contract includ…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.