John Marshall Harlan II

“ With respect to the language used, we note that the statute is designated as an Act 'To permit review' and that the reviewing function is one ordinarily limited to consideration of the decision of the agency or court below and of the evidence on which it was based. Indeed, in cases where Congress has simply provided for review, without setting forth the standards to be used or the procedures to be followed, this Court has held that consideration is to be confined to the administrative record and that no de novo proceeding may be held. ”

“ We hold only that in its consideration of matters within the scope of the 'disputes' clause in the present case, the Court of Claims is confined to review of the administrative record under the standards in the Wunderlich Act and may not receive new evidence. We therefore vacate the judgment below and remand the case for further proceedings in conformity with this opinion. It is so ordered. ”

“ It would not be possible to justify the retention of the finality clauses in Government contracts unless the hearing procedures were conducted in such a way as to require each party to present openly its side of the controversy and afford an opportunity of rebuttal.' H.R.Rep. ”

“ The specifications did not call for such permanent supports throughout the remainder of the tunnel but only for ' (t) emporary tunnel protection * * * where required for safety of the workmen.' The contract contained a standard 'changed conditions' clause, authorizing the contracting officer to provide for an increase in cost if the contractor encountered subsurface conditions materially different from those indicated in the contract or to be reasonably anticipated, and also contained the standard 'disputes' clause quoted, supra, note 2. ”