DFARS 222.406-9 Withholding from or suspension of contract payments

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 222.406-9
Type
Subsection
Supplements
FAR 22.406-9 Withholding from or suspension of contract payments
Last amended
82 FR 61479 Effective Dec 28, 2017
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(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 Wage Rate Requirements or CWHSS statute wage underpayments or liquidated damages.

(c) Disposition of contract payments withheld or suspended.

(3) Limitation on forwarding or returning funds. When disposition of withheld funds remains the final action necessary to close out a contract, the Department of Labor will retain withheld funds pending completion of an investigation or other administrative proceedings.

(4) Liquidated damages.

(A) The agency head may adjust liquidated damages of $500 or less when the amount assessed is incorrect or waive the assessment when the violations—

(1) Were nonwillful or inadvertent; and

(2) Occurred notwithstanding the exercise of due care by the contractor, its subcontractor, or their agents.

(B) The agency head may recommend to the Administrator, Wage and Hour Division, that the liquidated damages over $500 be adjusted because the amount assessed is incorrect. The agency head may also recommend the assessment be waived when the violations—

(1) Were nonwillful or inadvertent; and

(2) Occurred notwithstanding the exercise of due care by the contractor, the subcontractor, or their agents.

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement: Technical Amendments 82 FR 61479 · Docket DARS-2017-0022

Quick answers

What is DFARS 222.406-9?

DFARS 222.406-9 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Withholding from or suspension of contract payments".

When was DFARS 222.406-9 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Technical Amendments" (82 FR 61479), published Dec 28, 2017 and effective Dec 28, 2017.

Are changes to DFARS 222.406-9 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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