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  • Question

    If the vendor don't agree with the in inclusion of DOD Sup FAR 52.233-7001, Choice of Law, could the Contracting Officer waive this prescription? Vendor terms requires German Court jurisdiction in case of litigation.


    Answer

    Unless there is an alternate agreement between the United States and Germany, the DFARS at Section 233.215-70 requires the Choice of Law (Overseas) clause (252.233-7001) be used. Since the DFARS requires its use, without an alternate agreement, it would not be appropriate for the Contracting Officer to waive the prescription.

    Snce we do not know all the details surronding your situation we recommend consulting with local counsel for advice and recommendation regarding the appropriate clause to include.

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