Arctic Corner, Inc., Appellant, v. the United States, Appellee, 862 F.2d 321 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 862 F.2d 321 (Fed. Cir. 1988) Oct. 18, 1988

Before MARKEY, Chief Judge, RICH and EDWARD S. SMITH, Circuit Judges.

MARKEY, Chief Judge.


DECISION

The decision of the Armed Services Board of Contract Appeals (board), No. 29405, sustaining the default termination of Arctic Corner, Inc. (Arctic) for failing to make progress consistent with the completion date of the contract, is affirmed.

OPINION

After careful consideration of each of Arctic's arguments and the record, we find no basis for reversing the board's decision sustaining Arctic's default termination. See Erickson Air Crane Co. v. United States, 731 F.2d 810, 814 (Fed. Cir. 1984) ("we will not alter a board's finding if substantial evidence supports it"). Arctic's contrary evidence falls far short of establishing the lack of substantial evidence. See United States v. General Electric Corp., 727 F.2d 1567, 1572 (Fed. Cir. 1984) (substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion").

Finally, Arctic's assertions about the relevance of "follow-on" documents fail to establish that the board abused its discretion in excluding that evidence. Thus the remand Arctic requests is unwarranted.