40 U.S.C. § 313 — Tests of materials

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 Revised Stat- utes (10 U. S. C. 576)’’ in section 208(c) of the Federal Property and Administrative Services Act of 1949 be- cause of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640), the first section of which enacted Title 10, United States Code, and section 4(a)(5) and (6) of the Act of January 2, 1968 (Public Law 90–235, 81 Stat. 759). The words ‘‘personnel (including armed services personnel) from an executive agency other than the General Services Administration’’ are substituted for ‘‘officials, officers, and other personnel in other execu- tive agencies, including personnel of the armed serv- ices’’ for clarity and to eliminate unnecessary words. In subsection (d), the words ‘‘On and after June 23, 1913’’ are omitted as obsolete. The word ‘‘Adminis- trator’’ is substituted for ‘‘Secretary of the Treasury’’ [subsequently changed to ‘‘Federal Works Adminis- trator’’ because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426)], and the word ‘‘Administration’’ [meaning the General Services Administration] is substituted for ‘‘public-buildings service’’ and ‘‘Office of the Supervising Architect’’ [subsequently changed to ‘‘Public Buildings Adminis- tration’’ because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and section 303 of Reorganiza- tion Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)], because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the re- vised title. The words ‘‘such as supervising super- intendents, superintendents, junior superintendents, and inspectors of the several classes’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2011—Subsecs. (a), (b). Pub. L. 111–350 substituted ‘‘di- vision C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’. [§ 312. Repealed. Pub. L. 111–8, div. D, title V, § 518(c)(1), Mar. 11, 2009, 123 Stat. 665] Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073, related to transfer and use of amounts for major equip- ment acquisitions. § 313. Tests of materials (a) SCOPE.—This section applies to any article or commodity tendered by a producer or vendor for sale or lease to the General Services Admin- istration or to any procurement authority act- ing under the direction and control of the Ad- ministrator of General Services pursuant to this subtitle. (b) AUTHORITY TO CONDUCT TESTS.—The Ad- ministrator, in the Administrator’s discretion and with the consent of the producer or vendor, may have tests conducted, in a manner the Ad- ministrator specifies, to— (1) determine whether an article or com- modity 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 ac- cordance with accepted accounting principles. (3) AMOUNT OF FEE IF TESTS DO NOT PREDOMI- NANTLY SERVE INTEREST OF PRODUCER OR VEN- DOR.—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 rea- sonable for furnishing the testing service. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 313(a) ......... 40:756(g) (1st sen- tence words be- fore 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 sen- tence words after 1st comma). 313(c) ......... 40:756(g) (2d, 3d sen- tences). In subsection (b), the word ‘‘contemplated’’ is omit- ted as unnecessary. SUBCHAPTER III—FUNDS § 321. Acquisition Services Fund (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 cred- ited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including—