# 48 CFR § 32.112-1: 32.112-1 Subcontractor assertions of nonpayment

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-32.112-1

## Section

- **Citation:** 48 CFR § 32.112-1
- **Heading:** 32.112-1 Subcontractor assertions of nonpayment
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 48—Federal Acquisition Regulations System > CHAPTER 1—FEDERAL ACQUISITION REGULATION > SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS > PART 32—CONTRACT FINANCING > Subpart 32.1—Financing for Other Than a Commercial Purchase

## Text

(a) In accordance with Section 806(a)(4) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 4601 note prec.), upon the assertion by a subcontractor or supplier of a Federal contractor that the subcontractor or supplier has not been paid in accordance with the payment terms of the subcontract, purchase order, or other agreement with the prime contractor, the contracting officer may determine—
(1) For a construction contract, whether the contractor has made—
(i) Progress payments to the subcontractor or supplier in compliance with Chapter 39 of Title 31, United States Code (Prompt Payment Act); or
(ii) Final payment to the subcontractor or supplier in compliance with the terms of the subcontract, purchase order, or other agreement with the prime contractor;
(2) For a contract other than construction, whether the contractor has made progress payments, final payments, or other payments to the subcontractor or supplier in compliance with the terms of the subcontract, purchase order, or other agreement with the prime contractor; or
(3) For any contract, whether the contractor's certification of payment of a subcontractor or supplier accompanying its payment request to the Government is accurate.
(b) If, in making the determination in paragraphs (a)(1) and (2) of this section, the contracting officer finds the prime contractor is not in compliance, the contracting officer may—
(1) Encourage the contractor to make timely payment to the subcontractor or supplier; or
(2) If authorized by the applicable payment clauses, reduce or suspend progress payments to the contractor.
(c) If the contracting officer determines that a certification referred to in paragraph (a)(3) of this section is inaccurate in any material respect, the contracting officer shall initiate administrative or other remedial action.
[60 FR 48274, Sept. 18, 1995, as amended at 79 FR 24211, Apr. 29, 2014; 87 FR 73899, Dec. 1, 2022]

## Nearby sections

- [48 CFR § 32.100 32.100 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.100.md)
- [48 CFR § 32.101 32.101 Authority.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.101.md)
- [48 CFR § 32.102 32.102 Description of contract financing methods.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.102.md)
- [48 CFR § 32.103 32.103 Progress payments under construction contracts.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.103.md)
- [48 CFR § 32.104 32.104 Providing contract financing.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.104.md)
- [48 CFR § 32.105 32.105 Uses of contract financing.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.105.md)
- [48 CFR § 32.106 32.106 Order of preference.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.106.md)
- [48 CFR § 32.107 32.107 Need for contract financing not a deterrent.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.107.md)
- [48 CFR § 32.108 32.108 Financial consultation.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.108.md)
- [48 CFR § 32.109 32.109 Termination financing.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.109.md)
- [48 CFR § 32.110 32.110 Payment of subcontractors under cost-reimbursement prime contracts.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.110.md)
- [48 CFR § 32.111 32.111 Contract clauses for noncommercial purchases.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.111.md)
- [48 CFR § 32.112-1 32.112-1 Subcontractor assertions of nonpayment.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.112-1.md)
- [48 CFR § 32.112-2 32.112-2 Subcontractor requests for information.](https://www.frixlaw.com/law-library/statutes/ecfr-48-32.112-2.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-32.112-1. Check the current official text before relying on it. Not legal advice.