48 C.F.R. § 52.222-7

52.222-7 Withholding of Funds.

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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]

Notes of Decisions

Cited in 2 cases, 2004–2014 · leading case: Bill J. Copeland v. Ann M. Veneman, Sec'y of Agric., 350 F.3d 1230 (Fed. Cir. 2004).

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Bill J. Copeland v. Ann M. Veneman, Sec'y of Agric., 350 F.3d 1230 (Fed. Cir. 2004). · cites it 2× “48 C.F.R. § 52.222-7 (emphasis added). The appellant contends that he was not obligated to pay DBA wages because he was a “non-union” employer and that any withholdings were, therefore, improper.”

United States ex rel. Wall v. Circle C Constr., LLC, 43 F. Supp. 3d 853 (M.D. Tenn. 2014). · cites it 2× “(incorporating by reference 48 C.F.R. § 52.222-7 )). And if withholding failed to cure the violations, the government could also “suspend] .”

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