Effective immediately, when determining contract type for FMS procurements, Contracting Officers shall comply with section 830 of the NDAA for FY 2017; the policy expressed in the Director, Defense Pricing/Defense Procurement and Acquisition Policy (DPAP), memorandum dated June 28, 2018, "Negotiations of Sole Source Major Systems for U.S. and U.S./FMS Combined Procurements;" and the guidance provided at DFARS PGI 216.403-l(l)(ii)(B).
Section 830 provides requirements, exceptions, and waiver authority for the use of firm fixed-price contracts for foreign military sales. Therefore contracting officers shall-
The aforementioned June 28, 2018 memorandum and DFARS PGI 216.403-l(l)(ii)(B) provide additional guidance to be considered in determining whether a contract type other than firm fixed price is in the best interest of the U.S. and the taxpayer.
This class deviation remains in effect until it is incorporated in the DFARS, or until it is otherwise rescinded.