Clauses · DFARS · Data rights
DFARS 252.227-7030 Technical Data—Withholding of Payment
Deviation number 252.227-7996. DoD Class Deviation 2026-O0036 rewrites DFARS part 227 for the FAR overhaul. It prescribes 252.227-7996 in place of 252.227-7030, so a document written under it can cite 252.227-7996 instead. The two texts can differ. The source at the foot of this page says how.
Does the regulation require it to flow down?
No
No flowdown paragraph in the text. Primes replicate the mechanism in the subcontract (mirrored withholding on the sub's payment) so they don't end up with 10% of their own contract stuck over a CDRL that depends on the sub.
A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.
Checked against acquisition.gov on 2026-08-11 · edition MAR 2000 · base v0.9.3 Read the text ↗
What it makes you produce
One item for your checklist.
Nothing to send now
It does not hold the order. It decides what money moves later — what you can claim, what can be claimed from you, and what can be held back — and none of that changes after signature.
- 252.227-7030(a)
Nothing to send: up to ten percent of the price can be held back, and it is released when the data is accepted rather than when a fix is promised
Owed when technical data is delivered late or arrives deficient — including a restrictive marking that is not on the assertions list required by 252.227-7013(e)(2) or 252.227-7018(e)(2)
When it is used
Prescribed at 227.7103-6(e)(2) or 227.7104-4(b)(6) — contracts with delivery of noncommercial technical data (the 7013/7018 regime). If the technical data is not delivered on time or arrives deficient, the CO may withhold up to 'ten percent (10%) of the total contract price or amount', unless a smaller percentage is specified. Exception: delay from causes beyond the contractor's control and without its fault.
Read closely
Delay from causes beyond your control and without your fault or negligence is carved out of the withholding, and that is a record made while it is happening rather than afterwards. A smaller percentage applies where the contract specifies one.
The 13 templates that name it, with the line
Source: acquisition.gov, DFARS 252.227-7030. CODIFIED REGIME, read 2026-08-11 on the part-252 page at DFARS Change 5/7/2026: "As prescribed at 227.7103-6(e)(2) or 227.7104-4(b)(6), use the following clause:" with designation TECHNICAL DATA—WITHHOLDING OF PAYMENT (MAR 2000). DEVIATION REGIME: the number appears ZERO times in the part-27 memo, whose successor 252.227-7996 carries the same title at a moved prescription. The negative is asserted against the whole memo and not a window of it. TO RE-DERIVE WITHOUT REDOING THE RESEARCH: fetch acquisition.gov/sites/default/files/page_file_uploads/DoD_RFO_Deviation_Part-27.pdf (1125972 bytes, 117 pages, DARS Tracking Number 2026-O0036, "Effective February 1, 2026, contracting officers shall use"), run pdftotext -layout over it, and grep for 252.227-7030 — 0 occurrences on 2026-08-11, poppler pdftotext. (verified 2026-08-11)
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.