Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.25.7301-1 225.7301–1 Requirement to use firm-fixed-price contracts

(a) Requirement. In accordance with section 830 of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114–328), a firm-fixed-price contract shall be used for FMS, unless the foreign country that is the counterparty to FMS—

(b) Waiver. The requirement in paragraph (a) of this section may be waived, if the chief of the contracting office determines, on a case-by-case basis, that a different contract type is in the best interest of the United States and American taxpayers.