41 U.S.C.
United States Code, 2009 Edition
Title 41 - PUBLIC CONTRACTS
CHAPTER 5 - JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
From the U.S. Government Printing Office, www.gpo.gov

CHAPTER 5—JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

Sec.
321.
Limitation on pleading contract provisions relating to finality; standards of review.
322.
Contract provisions making decisions final on questions of law.

        

§321. Limitation on pleading contract provisions relating to finality; standards of review

No provision of any contract entered into by the United States, relating to the finality or conclusiveness of any decision of the head of any department or agency or his duly authorized representative or board in a dispute involving a question arising under such contract, shall be pleaded in any suit now filed or to be filed as limiting judicial review of any such decision to cases where fraud by such official or his said representative or board is alleged: Provided, however, That any such decision shall be final and conclusive unless the same is fradulent 1 or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence.

(May 11, 1954, ch. 199, §1, 68 Stat. 81.)

Agency Actions Generally, Judicial Review

Judicial review of agency actions generally, see section 701 et seq. of Title 5, Government Organization and Employees.

1 So in original. Probably should be “fraudulent”.

§322. Contract provisions making decisions final on questions of law

No Government contract shall contain a provision making final on a question of law the decision of any administrative official, representative, or board.

(May 11, 1954, ch. 199, §2, 68 Stat. 81.)