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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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81 sections with “withhold payment”: the first 40

  • 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 252.227-7030 Technical data—withholding of payment.
    …cribed 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 …
  • 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 52.232-9 Limitation on Withholding of Payments.
    …opment contract is contemplated that includes two or more terms authorizing the temporary withholding of amounts otherwise payable to the contractor for supplies delivered or services performed: Limitation on Withholding of Payments (APR 1…
  • 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 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…
  • 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…
  • DFARS 227.7103-14 Conformity, acceptance, and warranty of technical data.
    …he requirements of the contract concerning such data; and (2) Authorizes agency heads to withhold payments (or exercise such other remedies an agency head considers appropriate) during any period if the contractor does not meet the require…
  • DFARS 228.106-7 Withholding contract payments.
    (a) Withholding may be appropriate in other than construction contracts (see FAR 32.112-1(b)).
  • 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 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 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 52.229-11 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 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 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 32.103 Progress payments under construction contracts.
    …used as a substitute for good contract management, and the contracting officer should not withhold funds without cause. Determinations to retain and the specific amount to be withheld shall be made by the contracting officer on a case-by-ca…
  • 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 52.228-13 Alternative Payment Protections.
    …eged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties. (f) When a tripartite escrow agr…
  • 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…
  • DFARS 215.407-5-70 Disclosure, maintenance, and review requirements.
    …esses; (2) Disapprove the system in accordance with the clause at 252.215-7002; 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 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 242.7502 Policy.
    …mination to disapprove the system in accordance with the clause at 252.242-7006; 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 244.305-70 Policy.
    …esses; (2) Disapprove the system in accordance with the clause at 252.244-7001; 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 245.105 Contractors' property management system compliance.
    …esses; (2) Disapprove the system in accordance with the clause at 252.245-7003; 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 …

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.