§ 43a. — Administrative procedure provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC43a]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 43a. Administrative procedure provisions
(a) Applicability
Notwithstanding any provision of section 553 of title 5, subchapter
II of chapter 5, and chapter 7, of title 5 shall be applicable in the
administration of sections 35 to 39 and 41 to 43 of this title.
(b) Wage determination; administrative review
All wage determinations under section 35(a) of this title shall be
made on the record after opportunity for a hearing. Review of any such
wage determination, or of the applicability of any such wage
determination, may be had within ninety days after such determination is
made in the manner provided in chapter 7 of title 5 by any person
adversely affected or aggrieved thereby, who shall be deemed to include
any supplier of materials, supplies, articles or equipment purchased or
to be purchased by the Government from any source, who is in any
industry to which such wage determination is applicable.
(c) Judicial review
Notwithstanding the inclusion of any stipulations required by any
provision of sections 35 to 45 of this title in any contract subject to
said sections, any interested person shall have the right of judicial
review of any legal question which might otherwise be raised, including,
but not limited to, wage determinations and the interpretation of the
terms ``locality'' and ``open market''.
(June 30, 1936, ch. 881, Sec. 10, as added June 30, 1952, ch. 530, title
III, Sec. 301, 66 Stat. 308; amended Pub. L. 103-355, title VII,
Sec. 7201(2), (3), Oct. 13, 1994, 108 Stat. 3378; Pub. L. 104-106, div.
D, title XLIII, Sec. 4321(f)(2), Feb. 10, 1996, 110 Stat. 675.)
Codification
``Section 553 of title 5'', ``subchapter II of chapter 5, and
chapter 7, of title 5'', and ``chapter 7 of title 5'' substituted for
``section 1003 of title 5'', ``such Act [meaning the Administrative
Procedure Act]'', and ``section 1009 of title 5'', respectively, on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
Prior Provisions
A prior section 10 of act June 30, 1936, was renumbered section 12,
and is classified to section 44 of this title.
Amendments
1996--Subsec. (b). Pub. L. 104-106, Sec. 4321(f)(2)(A), substituted
``section 35(a)'' for ``section 35(b)''.
Subsec. (c). Pub. L. 104-106, Sec. 4321(f)(2)(B), struck out comma
after `` `locality' ''.
1994--Subsec. (b). Pub. L. 103-355, Sec. 7201(2), substituted
``supplier of materials'' for ``manufacturer of, or regular dealer in,
materials''.
Subsec. (c). Pub. L. 103-355, Sec. 7201(3), struck out `` `regular
dealer', `manufacturer','' before ``and `open market' ''.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Section Referred to in Other Sections
This section is referred to in title 25 section 450j.
