(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—
(1) Has established in writing a preference for a different contract type; or
(2) Requests in writing that a different contract type be used for a specific FMS. See PGI 217.202 (2) on the use of priced options for FMS requirements.
(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.