Inspection authority

  1. Law
  2. USC 41
  3. Public Contracts
  4. Miscellaneous
  5. KICKBACKS
  6. Inspection authority

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§8704. Inspection authority

(a) In General.-To ascertain whether there has been a violation of section 8702 of this title with respect to a prime contract, the Comptroller General and the inspector general of the contracting agency, or a representative of the contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including electronic data or records, of a prime contractor or subcontractor under a prime contract awarded by the agency.

(b) Exception.-This section does not apply to a prime contract for the acquisition of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title).

( Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3839 ; Pub. L. 115–232, div. A, title VIII, §836(b)(20), Aug. 13, 2018, 132 Stat. 1864 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8704 41:58. Mar. 8, 1946, ch. 80, §8, 60 Stat. 37 ; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740 ; Pub. L. 99–634, §2(a), Nov. 7, 1986, 100 Stat. 3525 ; Pub. L. 103–355, title VIII, §8301(c)(2), Oct. 13, 1994, 108 Stat. 3397 .

In subsection (a), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702.


Editorial Notes

Amendments

2018-Subsec. (b). Pub. L. 115–232 substituted "commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)" for "commercial items (as defined in section 103 of this title)".


Statutory Notes and Related Subsidiaires

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.


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