ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeal of - )  
 )  
Exceed Resources, Inc. ) ASBCA No. 61652 
 )   
Under Contract No. NNJ15RA22B )  
    
APPEARANCE FOR THE APPELLANT: Mr. Celsius Rebello 
    Director Government Services 
 
APPEARANCES FOR THE GOVERNMENT: Scott W. Barber, Esq. 
    NASA Chief Trial Attorney 
 Warnecke Miller, Esq. 
Vincent A. Salgado, Esq. 
    Trial Attorneys 
    NASA Headquarters 
    Washington, DC 
  
ORDER OF DISMISSAL 
 
On June 12, 2020, the Board granted respondent summary judgment with 
respect to appellant’s claim for $2,490,251 in lost profits on the above referenced 
contract.  On November 2, 2020, the Board denied appellant’s motion for 
reconsideration.  Those decisions are the Board’s final determination on the lost profits 
issue.   
 
In a motion filed on February 5, 2021, appellant notified the Board that it 
wished to withdraw the claims that remained pending after the Board’s decisions on 
the motions referenced above.  Appellant has further explained this request in 
subsequent emails to the Board, including those on February 11 and 17, 2021.  In 
summary, appellant states that five claims remain pending before the Board and it 
wishes to withdraw all five.  The Board grants this request.   
 
 Accordingly, nothing remains for the Board to adjudicate and the appeal is 
dismissed from the Board’s docket with prejudice. 
 
 Dated:  February 22, 2021 
 
MICHAEL N. O’CONNELL  
Administrative Judge 
Armed Services Board 
of Contract Appeals 


 2 
I certify that the foregoing is a true copy of the Order of Dismissal of the 
Armed Services Board of Contract Appeals in ASBCA No. 61652, Appeal of Exceed 
Resources, Inc., rendered in conformance with the Board’s Charter. 
 
 Dated:  February 23, 2021 
  
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals