2004 US Code
Title 41 - PUBLIC CONTRACTS
CHAPTER 5 - JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
Sec. 321 - Limitation on pleading contract provisions relating to finality; standards of review
View Metadata| Publication Title | United States Code, 2000 Edition, Supplement 4, Title 41 - PUBLIC CONTRACTS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 41 - PUBLIC CONTRACTS CHAPTER 5 - JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS Sec. 321 - Limitation on pleading contract provisions relating to finality; standards of review |
| Contains | section 321 |
| Date | 2004 |
| Laws in Effect as of Date | January 3, 2005 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | May 11, 1954, ch. 199, §1, 68 Stat. 81. |
| Statutes at Large Reference | 68 Stat. 81 |
§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 ReviewJudicial 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”.
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