49 CFR §110.50

1. (a)Pre-award costs.
   1. (1)PHMSA expects the recipient to be fully aware that pre-award costs result in borrowing against future support and that such borrowing must not impair the recipient's ability to accomplish the activities in the approved period of performance.
   2. (2)A recipient may, at its own risk, incur pre-award costs to cover costs up to 90 days before the beginning date of the initial period of performance.
   3. (3)The incurrence of pre-award costs in anticipation of a competitive or non-competitive grant imposes no obligation on PHMSA under any circumstances, including in the event of:
      1. (i)The absence of appropriations;
      2. (ii)A grant is not subsequently being made; or
      3. (iii)A grant being made for a lesser amount than the recipient anticipated.
2. (b)Payments may not be made for activities not approved in the grant agreement. If a recipient seeks additional grant funds, the supplemental amendment request will be evaluated on the basis of needs, performance, and availability of grant funds. An existing grant is not a commitment of future funding.