23.  Cumulative Payment Withholdings

Comment: The respondent questioned whether the 20 percent withhold in the proposed rule is in addition to other withholding remedies a contracting officer may assess.

Response: In accordance with section 893 of the NDAA, the cumulative payment withholding percentage set forth under this interim rule is reduced from 20 percent to 10 percent. This interim rule does not limit the contracting officer's discretion to apply any and all regulatory measures, as warranted by the circumstances, including other applicable payment withholdings. The withholding of any amount or subsequent payment to the contractor shall not be construed as a waiver of any rights or remedies the Government has under this contract.