Title 41 — Public ContractsRelease 119-73
§8704 Inspection authority
Title 41 › Subtitle Subtitle IV— - Miscellaneous › Chapter CHAPTER 87— - KICKBACKS › § 8704
Summary
Lets the Comptroller General and the agency’s inspector general (or an official the agency head names if there is no inspector general) inspect a prime contractor’s or subcontractor’s facilities and audit their books and electronic records to see if section 8702 was violated. It does not apply to prime contracts for commercial products or commercial services (see sections 103 and 103a).
Full Legal Text
Title 41, §8704
Public Contracts — Source: USLM XML via OLRC
(a)To ascertain whether there has been a violation of section 8702 of this title with respect to a prime contract, the Comptroller General and the inspector general of the contracting agency, or a representative of the contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including electronic data or records, of a prime contractor or subcontractor under a prime contract awarded by the agency.
(b)This section does not apply to a prime contract for the acquisition of commercial products or commercial services (as defined in section 103 and 103a, respectively, of this title).
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 870441:58.Mar. 8, 1946, ch. 80, § 8, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3525; Pub. L. 103–355, title VIII, § 8301(c)(2), Oct. 13, 1994, 108 Stat. 3397. In subsection (a), the words “Comptroller General” are substituted for “General Accounting Office” because of 31:702.
Editorial Notes
Amendments
2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in section 103 and 103a, respectively, of this title)” for “commercial items (as defined in section 103 of this title)”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a
Savings Provision
, see section 836(h) of Pub. L. 115–232, set out as an
Effective Date
of 2018 Amendment;
Savings Provision
note under section 453b of Title 6, Domestic Security.
Reference
Citations & Metadata
Citation
41 U.S.C. § 8704
Title 41 — Public Contracts
Last Updated
Apr 6, 2026
Release point: 119-73