A grantee may, notwithstanding any requirement in  34 CFR part 80, incur pre-award costs as specified in  34 CFR 74.25(e)(1) unless—
     
    
        
        (a) 
         ED regulations other than  34 CFR part 80 or a statute prohibit these costs; or
     
    
        
        (b) 
         The conditions of the award prohibit these costs.
     
    
        
            Code of Federal Regulations
        
        (Authority: 
                20 U.S.C. 1221e-3 and 3474
            ; OMB Circulars A-21, A-87, and A-122)
    
    
        
            Code of Federal Regulations
        
        [62 FR 40425, July 28, 1997]