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52.233-4 Applicable Law for Breach of Contract Claim.

Prescription and Applicability

FAR Prescription, 33.215(b)

(b) Insert the clause at 52.233-4 in all solicitations and contracts.

DFARS Supplementary Guidance, 233.215

Use Alternate I of the clause at FAR 52.233-1, Disputes, when--
(1) The acquisition is for--
(i) Aircraft
(ii) Spacecraft and launch vehicles
(iii) Naval vessels
(iv) Missile systems
(v) Tracked combat vehicles
(vi) Related electronic systems;
(2) The contracting officer determines that continued performance is--
(i) Vital to the national security, or
(ii) Vital to the public health and welfare; or
(3) The head of the contracting activity determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract.

Current Text

52.233-4 Applicable Law for Breach of Contract Claim.

As prescribed in 33.215(b), insert the following clause:

Applicable Law for Breach of Contract Claim (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

(End of clause)

[69 FR 59701, Oct. 5, 2004]

Suggested Questions

You can ask your AI assistant:

  • Should I include this provision in my solicitation?
  • Does this clause apply to commercial acquisitions?
  • Does this clause apply to R&D contracts under Part 35?
  • Which alternate should I use for a multiple-award contract?
  • Are there any active Class Deviations that modify this clause?
  • What changed in the most recent amendment?