52.222-7 Withholding of Funds.
Prescription and Applicability
FAR Prescription, 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.
(9) 52.222-14, Disputes Concerning Labor Standards.
(10) 52.222-15, Certification of Eligibility.
Current Text
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]
Suggested Questions
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- Should I include this provision in my solicitation?
- Does this clause apply to commercial acquisitions?
- Does this clause apply to R&D contracts under Part 35?
- Which alternate should I use for a multiple-award contract?
- Are there any active Class Deviations that modify this clause?
- What changed in the most recent amendment?