A community resource for the acquisition workforce
—not a .gov website
Community-maintained
part52.dev is built and maintained by members of the federal acquisition community to help with navigating DoD acquisition regulation.
Not affiliated with the U.S. Government
This site is not operated, endorsed or sanctioned by the U.S. Government. Data is sourced from public regulatory sources including eCFR.gov and acquisition.gov. Always verify against official sources.
The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.
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, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other federally assisted contract subject to prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(End of clause)
[53 FR 4945, Feb. 18, 1988, as amended at 79 FR 24217, Apr. 29, 2014]
22.407(a)
(a) Insert the following clauses in solicitations and contracts in excess of $2,000 for construction within the United States:
(1) 52.222-6, Construction Wage Rate Requirements.
(2) 52.222-7, Withholding of Funds.
(3) 52.222-8, Payrolls and Basic Records.
(4) 52.222-9, Apprentices and Trainees.
(5) 52.222-10, Compliance with Copeland Act Requirements.
(6) 52.222-11, Subcontracts (Labor Standards).
(7) 52.222-12, Contract Termination-Debarment.
(8) 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations.
Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.
No version history available from eCFR.
RFO Version
Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).
Clause Text
Substantive changes. The RFO version differs materially from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.222-7 Withholding of Funds.
eCFR (codified)
RFO (implemented)
1 added, 1 removed
As prescribed in 22.407(a), insert the following clause:
As prescribed in 22.402-4(a)(2), insert the following clause:
2 added, 2 removed
Withholding of Funds (MAY 2014)
Withholding of Funds (Deviation DATE)
1 added, 1 removed
The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other federally assisted contract subject to prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
The Contracting Officer must, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other federally assisted contract subject to prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(End of clause)
(End of clause)
15 removed
[53 FR 4945, Feb. 18, 1988, as amended at 79 FR 24217, Apr. 29, 2014]
Prescription
Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.222-7 Withholding of Funds.: Prescription
eCFR (codified)
RFO (implemented)
19 removed
(a)
(a) Insert the following clauses in solicitations and contracts in excess of $2,000 for construction within the United States:
(a)
6 removed
(1)
(1) 52.222-6, Construction Wage Rate Requirements.
(1)
(2)
(2) 52.222-7, Withholding of Funds.
(2)
(2) 52.222-7, Withholding of Funds.
6 removed
(3)
(3) 52.222-8, Payrolls and Basic Records.
(3)
5 removed
(4)
(4) 52.222-9, Apprentices and Trainees.
(4)
7 removed
(5)
(5) 52.222-10, Compliance with Copeland Act Requirements.
(5)
5 removed
(6)
(6) 52.222-11, Subcontracts (Labor Standards).
(6)
4 removed
(7)
(7) 52.222-12, Contract Termination-Debarment.
(7)
11 removed
(8)
(8) 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations.