ARMED SERVICES BOARD OF CONTRACT APPEALS

OPINION BY ADMINISTRATIVE JUDGE O ’ CONNELL

ON APPELLANT’S SECOND MOTION FOR RECONSIDERATION

On February 18, 2021, appellant sent an email to the Board addressed to the

“Chairman and Vice Chairman ASBCA.” 1 In this email

, appellant states:

The Board determined as a fact in its summary judgment (or

partial summary judgment a s the case might be) that Exceed

started the BASE IDIQ contract for which it was terminated.

This is impossible because it could not start a contract that

was terminated previously. I previously notified the NASA

legal team to correct this statement of f act with the Board and

advised them that not doing so is counter to the rules of

candor to the court. It is manifest injustice that the Board

assert a fact in summary judgment that has no basis and no

evidence and which is not true.

(App. email dtd. Feb ruary 18, 2021 at 9:14 a.m.) T he Board will treat this email as a

second motion for reconsideration of its opinion granting NASA partial summary

judgment. See Exceed Res

. , Inc. , 20

- 1 BCA ¶ 37,634 ( June 11, 2020) ( recon. denied 20

- 1

1 This email has been directed to the attention of the Board’s Chairman for consideration.

The Chairman has authorized the panel to state that the Board will take no further

action other than that discussed in this opinion. 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, DC2 BCA ¶ 37

, 725 (Nov. 2, 2020) ). The Board also observes that appellant made allegations

similar to those quoted above in several other recent emails to the Board , including those

on February 9 (12:47 p.m.), February 9 (4:31 p.m.), February 10 (12:55 p.m.),

Februar y 10 (2:50 p.m. ), and February 17 (4:45 p.m.) (all emails in 2021). 2

Board Rule 20 provides that a motion for reconsideration “must be filed within

30 days from the date of the receipt of a copy of the decision of the Board by the party

filing the motion.” 3 There is no provision in the Board’s Rules for a motion for

reconsideration beyond this time or for a second motion for reconsideration and, absent

extraordinary circumstances that are not present here, we would not consider one

. See

Quality Trust, Inc. , ASBCA No. 59983, 16

- 1 ¶ 36,529 at 177,948 (citing Clyde P.

Thomas , ASBCA No. 28296, 88

- 3 BCA ¶ 21,179 at 106,881 ).

Appellant’s second motion for reconsideration is denied as untimely because it

was filed more than 30 days after appellant received the opinion on June 24, 2020

. Simultaneous with this decision, the Board is granting appellant’s request to withdraw the

claims or issues that remained pending after the Board granted the government partial

summary judgment in the decision referenced above. Appellant i s directed to 41 U.S.C.

§ 7107(a)(1)(A) concerning further appellate review.

Dated: February 22 , 2021

(Signatures continued)

2 The Board identifies the exact time of the emails so that they are not confused with

several other emails appellant sent the Board during this time per iod.

3 During the initial months of the current pandemic, service of some Board opinions was

delayed but the record reflects that the Board furnished its June 11, 2020, opinion

to the parties by email on June 24, 2020. Appellant’s first motion for

reconsi deration, which it filed on July 23, 2020, was, therefore, timely. MICHAEL N. O’CONNELL

Administrative Judge

Armed Services Board

of Contract Appeals3 I concur

RICHARD SHACKLEFORD

Administrative Judge

Acting Chairman

Armed Services Board

of Contract Appeals I concur

J. REID PROUTY

Administrative Judge

Vice Chairman

Armed Services Board

of Contract Appeals

I certify that the foregoing is a true copy of the Opinion and Decision 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