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Title 40 — Public Buildings, Property, and WorksRelease 119-73not60

§313 Tests of Materials

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

Last updated Apr 5, 2026|Official source

Summary

The GSA Administrator can have tests done on any article or commodity a producer or vendor offers to sell or lease to the General Services Administration or to a procurement office working under the Administrator. The producer or vendor must agree to the testing. Tests can check if the item meets required specifications or help make new specifications and standards. The producer or vendor must pay a fee for the tests. If the tests mainly benefit the producer or vendor, the fee must recover all testing costs using accepted accounting principles. If not, the Administrator sets a reasonable fee for the testing service.

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 5, 2026

Release point: 119-73not60