§ 321. — Limitation on pleading contract provisions relating to finality; standards of review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC321]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 5--JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
Sec. 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.
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\1\ So in original. Probably should be ``fraudulent''.
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(May 11, 1954, ch. 199, Sec. 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.