40 U.S.C. § 313 — Tests of materials
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 237 words · no verdicts yet
The General Services Administration can test products offered for sale or lease, with the seller's consent. Tests check if the product meets standards or help build new standards. The seller usually pays a fee that covers the testing costs.
(a) Scope. This section applies to any article or commodity a producer or seller offers for sale or lease to the General Services Administration, or to any procurement authority acting under the GSA Administrator, under this subtitle.
(b) Authority To Conduct Tests. With the producer's or seller's consent, the Administrator may have tests run, in whatever way the Administrator specifies, to (1) check whether the article or commodity meets required specifications and standards, or (2) help develop new specifications and standards.
(c) Fees. (1) The Administrator must charge the producer or seller a fee for the tests. (2) If the Administrator decides the tests mainly serve the producer's or seller's own interest, the fee must be set to recover the full cost of the tests, figured using accepted accounting rules. (3) If the Administrator decides the tests don't mainly serve the producer's or seller's interest, the fee must instead be a reasonable amount for providing the testing service.
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.
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—
determine whether an article or commodity conforms to prescribed specifications and standards; or
aid in the development of specifications and standards.
The Administrator shall charge the producer or vendor a fee for the tests.
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.
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.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1073
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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