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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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34 sections with “withholding from contract payments”

  • 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…
  • 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 28.106-7 Withholding contract payments.
    …, the surety must agree to hold the Government harmless from any liability resulting from withholding the final payment. The contracting officer will authorize final payment upon agreement between the contractor and surety or upon a judicia…
  • 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 22.1022 Withholding of contract payments.
    Any violations of the clause at 52.222-41, Service Contract Labor Standards, as amended, renders the responsible contractor liable for the amount of any deductions, rebates, refunds, or underpayments (which includes nonpayment) of compensat…
  • 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…
  • 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 …
  • DFARS 242.7000 Contractor business system deficiencies.
    … withhold payments, the contracting officer shall ensure that the total amount of payment withholding under 252.242-7005 does not exceed 10 percent of progress payments, performance-based payments, and interim payments under cost-reimbursem…
  • DFARS 252.242-7005 Contractor business systems.
    …rial 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 material weaknesses in a c…
  • 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 32.111 Contract clauses for noncommercial purchases.
    …templated. (2) A clause, substantially the same as the clause at 52.232-9, Limitation on Withholding of Payments, in solicitations and contracts when a supply contract, research and development contract, service contract, time-and-material…
  • 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 …
  • 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.
    …contractor. (f) Requires the prime contractor to notify the contracting officer when the withholding under paragraph (d)(2) of this section has been accomplished unless the amount withheld has been paid to the Government. (g) Requires a p…
  • 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 52.222-41 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 52.229-11 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 52.229-13 Taxes—Foreign Contracts in Afghanistan.
    …hese employees and remit those payments to the appropriate Afghan taxing authority. These withholdings are an individual's liability, not a tax against the Contractor. (c) Subcontracts. The Contractor shall include the substance of this cl…
  • DFARS 252.217-7027 Contract Definitization.
    …osal date in the contract definitization schedule could result in the Contracting Officer withholding an amount up to 5 percent of all subsequent requests for financing until the Contracting Officer determines that a proposal is qualifying.…
  • DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.
    …use, may result in disapproval of the purchasing system by the Contracting Officer and/or withholding of payments and affect the allowability of costs of counterfeit electronic parts or suspect counterfeit electronic parts and the cost of r…
  • 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…
  • 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…
  • 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 22.1407 Actions because of noncompliance.
    …y for Workers with Disabilities. These sanctions (see 41 CFR 60-741.66) may include— (a) Withholding from payments otherwise due; (b) Termination or suspension of the contract; or (c) Debarment of the contractor.
  • FAR 22.1905 Enforcement of Executive Order Minimum Wage Requirements.
    … violation. If the contractor does not remedy the violation, the Administrator may direct withholding of payments due on the contract or any other contract between the contractor and the Federal Government. Upon final decision and direction…
  • 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 52.209-5 Certification Regarding Responsibility Matters.
    …any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's res…
  • 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 52.222-62 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…
  • DFARS 246.870-2 Policy.
    …o so may result in disapproval of the purchasing system by the contracting officer and/or withholding of payments (see 252.244-7001, Contractor Purchasing System Administration). (2) System criteria. A counterfeit electronic part detection…
  • 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…
  • DFARS 252.234-7002 Earned Value Management System.
    …ive action plan showing milestones and actions to eliminate the material weaknesses. (j) Withholding payments. If the Contracting Officer makes a final determination to disapprove the Contractor's EVMS, and the contract includes the clause…
  • DFARS 252.242-7004 Material Management and Accounting System.
    …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 MMAS, and the contract includes the clause…

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.