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40 U.S.C. § 313 — Tests of materials
Federal law — U.S. Code and appendices · legal_authorities
**(a) Scope.—** 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) Authority To Conduct Tests.—** 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) Fees.—**
(1) **In general.—** — The Administrator shall charge the producer or vendor a fee for the tests.
(2) **Amount of fee if tests predominantly serve interest of producer or vendor.—** — 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) **Amount of fee if tests do not predominantly serve interest of producer or vendor.—** — 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.
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Source file: Laws/federal/codes/united-states-code/title-40/section-313-tests-of-materials--0b98a59ebb.md
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Source location: Title 40, Chapter 3, § 313; chapter-003-organization-of-general-services-administration.md
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**(a) Scope.—** 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) Authority To Conduct Tests.—** 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) Fees.—**
(1) **In general.—** — The Administrator shall charge the producer or vendor a fee for the tests.
(2) **Amount of fee if tests predominantly serve interest of producer or vendor.—** — 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) **Amount of fee if tests do not predominantly serve interest of producer or vendor.—** — 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Existence.—** The Acquisition Services Fund is a special fund in the Treasury.
**(b) Composition.—**
(1) **In general.—** — The Fund is composed of amounts authorized to be transferred to the Fund or otherwise made available to the Fund.
(2) **Other credits.—** — The Fund shall be credited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including—
(A) the net proceeds of disposal of surplus personal property; and
(B) receipts from carriers and others for loss of, or damage to, personal property; and
(C) receipts from agencies charged fees pursuant to rates established by the Administrator.
(3) **Cost and capital requirements.—** — The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged agencies provided, or to be provided, supply of personal property and non-personal services through the Fund, in accordance with the plan.
(4) **Deposit of fees.—** — Fees collected by the Administrator under [section 313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section313&num=0&edition=prelim) may be deposited in the Fund to be used for the purposes of the Fund.
**(c) Uses.—**
(1) **In general.—** — The Fund is available for use by or under the direction and control of the Administrator for—
(A) procuring, for the use of federal agencies in the proper discharge of their responsibilities—
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
Page 28
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
[§ 312
In subsections (a) and (b), the words ‘‘and title III of
the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.)’’ are added to provide an
accurate literal translation of the words ‘‘this Act’’,
meaning the Federal Property and Administrative
Services Act of 1949. See the revision note under sec-
tion 111 of this title. Reference to title V of this Act is
omitted as obsolete because of the Act of October 22,
1968 (Public Law 90–620, 82 Stat. 1238), the first section
of which enacted Title 44, United States Code. The re-
sponsibilities of the Administrator of General Services
under title V were given to the Archivist of the United
States, National Historical Publications and Records
Commission, and Advisory Committee on the Records
of Congress.
In subsection (a), the words ‘‘subject to chapters 33
and 51 and subchapter III of chapter 53 of title 5’’ are
substituted for ‘‘subject to the civil-service and classi-
fication laws’’ because of section 7(b) of the Act of Sep-
tember 6, 1966 (Public Law 89–554, 80 Stat. 631), the first
section of which enacted Title 5, United States Code.
In subsection (b), the words ‘‘under section 3109 of
title 5’’ are substituted for ‘‘(not in excess of one year)’’
and ‘‘or organizations thereof, including stenographic
reporting services, by contract or appointment, and in
such cases such service shall be without regard to the
civil-service and classification laws, and except in the
case of stenographic reporting services by organiza-
tions, without regard to section 5 of title 41’’ for clarity
and to eliminate unnecessary words.
In subsection (c), the words ‘‘section 973 of title 10’’
are substituted for ‘‘section 1222 of the
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 313
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