§ 1128.105 Content of FMS Article I.
(a) Requirement. A DoD Component's general terms and conditions must address requirements for recipients' financial management systems.
(b) Award terms and conditions —
(1) General. Except as provided in paragraph (b)(2) of this section, a DoD Component's general terms and conditions must include the wording appendix A to this part provides for FMS Article I.
(2) Exceptions. A DoD Component's general terms and conditions may:
(i) Reserve Section A of FMS Article I if the DoD Component determines that it is not possible that any States will receive:
(A) DoD Component awards using those general terms and conditions; or
(B) Subawards from recipients of DoD Component awards using those general terms and conditions.
(ii) Reserve paragraph B.6 of FMS Article I if the DoD Component determines that it will not require recipients of awards using those general terms and conditions to relate financial data to performance accomplishments (e.g., through unit costs). Because the nature of research makes the use of unit costs and other relationships between financial data and performance accomplishments generally inappropriate, DoD Components should reserve paragraph B.6 in general terms and conditions for awards supporting research.