FAR 32.112-1: What Can a Federal Subcontractor Do When the Prime Has Not Paid?

The contracting officer may examine nonpayment assertions

FAR 32.112-1 allows a contracting officer, after a subcontractor or supplier asserts nonpayment, to determine whether the prime has made payments in accordance with the subcontract or applicable construction prompt-payment requirements and whether certain prime payment certifications are accurate.

Official source: FAR 32.112-1 — Subcontractor Assertions of Nonpayment.

The remedies are administrative, not a direct Government payment claim

If the contracting officer finds noncompliance, the FAR permits actions such as encouraging timely payment or, when authorized by applicable clauses, reducing or suspending progress payments to the prime. An inaccurate material payment certification can trigger administrative or other remedial action.

Build the factual package before escalating

• Signed subcontract or purchase order and payment terms.
• Invoices, approvals, and dates submitted.
• Evidence of satisfactory performance or acceptance.
• Prime correspondence explaining any withholding, rejection, or dispute.
• Amounts paid and unpaid by invoice.
• Relevant retainage, pay-if-paid, bond, release, and dispute clauses.

Do not let an escalation destroy other deadlines

Contacting the prime or contracting officer does not necessarily extend a Miller Act notice period, lawsuit deadline, contractual claim deadline, or dispute notice. Track those paths separately so an effort to resolve payment informally does not cause another remedy to expire.