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FAR 252.227-7996 — Technical Data—Withholding of Payment (RFO-only)

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252.227-7996 Technical Data—Withholding of Payment

Type: Clause (RFO-only)

Prescribing part: FAR Part 227

Source: acquisition.gov RFO Part 52

This clause was introduced by the Revolutionary FAR Overhaul (EO 14275) and does not appear in the codified eCFR. It applies to contracts using the RFO model.

RFO Prescription

As prescribed at 227.7103-6(g)(2) or 227.7104-4(b)(5), use the following clause

Current Text (RFO)

TECHNICAL DATA—WITHHOLDING OF PAYMENT (DEVIATION 2026-O0036)
(FEB 2026)

(a) If technical data the Contractor must deliver 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-
7989(f)(2) or 252.227-7993(f)(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)