40 U.S.C. § 313

Tests of materials

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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.(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 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.

Notes of Decisions

Cited in 2 cases, 2009–2017 · leading case: United Sur. & Indem. Co. v. United States, 87 Fed. Cl. 580 (Fed. Cl. 2009).

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United Sur. & Indem. Co. v. United States, 87 Fed. Cl. 580 (Fed. Cl. 2009). “…amount of (he payment bond. The amount of the payment bond shall not be less than the amount of the performance bond. 40 U.S.C. § 313 l(a)-(b).”

K-Con, Inc. (A.S.B.C.A. 2017). “40 U.S.C. § 313 l(d); FAR 28.102(a). Both contracts at issue in this appeal were for the "construction, alteration, or repair of any public building" as that phrase is defined in the Miller Act.”

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