2 C.F.R. § 1128.420
Prior approvals for construction activities.
Cite as 2 C.F.R. § 1128.420 (2026)
(a)
OMB guidance.
OMB guidance in 2 CFR 200.308(g)(1) through (4) addresses prior approval requirements for revisions of a recipient's budget and program plans under a construction grant or cooperative agreement or construction activities under an award that supports both construction and non-construction activities.
(b)
DoD implementation of the guidance.
DoD implements the guidance in 2 CFR 200.308(g)(1) through (4) through terms and conditions of awards for construction. A DoD Component's general terms and conditions for construction awards may require additional prior approvals for budget and program revisions (
i.e.,
prior approvals other than those authorized by this subpart) only in accordance with the exceptions provisions of 2 CFR 1126.3.
(c)
Award terms and conditions.
In a DoD Component's general terms and conditions for construction awards or awards supporting construction activities, the DoD Component:
(1) Must include the wording that appendix D to this part provides for paragraph B.2 of FMS Article IV.
(2) May reserve or remove the wording appendix D to this part provides for paragraph B.1 and Section C of FMS Article IV unless some awards using the general terms and conditions will also support non-construction activities (if the DoD Component elects to remove Section C, it should redesignate Section D in the article as Section C).
- Cross-references to the CFR
- 2:1126.3.2:200.308