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Title 40 — Public Buildings, Property, and WorksRelease 119-73

§313 Tests of materials

Title 40 › Subtitle SUBTITLE I— - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › Chapter CHAPTER 3— - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION › Subchapter SUBCHAPTER II— - ADMINISTRATIVE › § 313

Last updated Apr 6, 2026|Official source

Summary

Lets the Administrator of General Services have any item offered for sale or lease to GSA or to procurement offices under its control tested, if the maker or seller agrees. The Administrator decides how the tests are done. Tests can check if an item meets required specifications or help make new specifications. The maker or seller must pay a fee for the testing. If the tests mainly benefit the maker or seller, the fee must cover all testing costs using normal accounting rules. If the tests do not mainly benefit them, the Administrator sets a reasonable fee.

Full Legal Text

Title 40, §313

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)This section applies to any article or commodity tendered by a producer or vendor for sale or lease to the General Services Administration or to any procurement authority acting under the direction and control of the Administrator of General Services pursuant to this subtitle.
(b)The Administrator, in the Administrator’s discretion and with the consent of the producer or vendor, may have tests conducted, in a manner the Administrator specifies, to—
(1)determine whether an article or commodity conforms to prescribed specifications and standards; or
(2)aid in the development of specifications and standards.
(c)(1)The Administrator shall charge the producer or vendor a fee for the tests.
(2)If the Administrator determines that conducting the tests predominantly serves the interest of the producer or vendor, the Administrator shall fix the fee in an amount that will recover the costs of conducting the tests, including all components of the costs, determined in accordance with accepted accounting principles.
(3)If the Administrator determines that conducting the tests does not predominantly serve the interest of the producer or vendor, the Administrator shall fix the fee in an amount the Administrator determines is reasonable for furnishing the testing service.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 313(a)40:756(g) (1st sentence words before 1st comma).June 30, 1949, ch. 288, title I, § 109(g) (1st–3d sentences), as added Sept. 5, 1950, ch. 849, § 3(b), 64 Stat. 579; Pub. L. 86–591, July 5, 1960, 74 Stat. 330. 313(b)40:756(g) (1st sentence words after 1st comma). 313(c)40:756(g) (2d, 3d sentences). In subsection (b), the word “contemplated” is omitted as unnecessary.

Reference

Citations & Metadata

Citation

40 U.S.C. § 313

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73