52.233-4 Applicable Law for Breach of Contract Claim.
Revolutionary FAR Overhaul (RFO) Version
A revised version of this clause has been published under the Revolutionary FAR Overhaul (EO 14275). The RFO version supersedes the eCFR text below for contracts using the RFO FAR model. The RFO text is not duplicated here; see the clause page for a side-by-side comparison: https://part52.dev/clause/52-233-4/#rfo
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?