Regulations last checked for updates: Jun 01, 2024

Title 2 - Grants and Agreements last revised: May 30, 2024
§ 1128.425 - Additional prior approval for awards that support both non-construction and construction activities.

(a) OMB guidance. Guidance on an additional prior approval requirement for grants or cooperative agreements that support both construction and non-construction activities is contained in 2 CFR 200.308(g)(5).

(b) DoD implementation of the guidance. DoD implements the guidance in 2 CFR 200.308(g)(5) through terms and conditions for awards that support both non-construction and construction activities.

(c) Award terms and conditions. If a DoD Component establishes general terms and conditions for awards that support both non-construction and construction activities, the DoD Component may add the prior approval requirement for funding or budget transfers between construction and non-construction activities that is described in OMB guidance in 2 CFR 200.308(g)(5). The wording that appendix D to this part provides for Section B of FMS Article IV includes a reserved paragraph B.3 in which the DoD Component may add appropriate wording to include that prior approval requirement.

authority: 5 U.S.C. 301 and 10 U.S.C. 113.
source: 85 FR 51171, Aug. 19, 2020, unless otherwise noted.
cite as: 2 CFR 1128.425