---
kind: "section"
citation: "2 C.F.R. § 1128.425"
title: "2"
number: "1128.425"
heading: "Additional prior approval for awards that support both non-construction and construction activities."
url: "https://uscodex.org/cfr/2/1128.425"
---

# §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)](/cfr/2/200.308.md?p=g-5).
- (b) **DoD implementation of the guidance.** DoD implements the guidance in [2 CFR 200.308(g)(5)](/cfr/2/200.308.md?p=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)](/cfr/2/200.308.md?p=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.

## Notes

### Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

### Source

Source: 85 FR 51171, Aug. 19, 2020, unless otherwise noted.