Full Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of - ) ) Constellation NewEnergy, Inc. ) ASBCA Nos. 63773-ADR, 63831-ADR ) 63853-ADR, 63854-ADR ) 63855-ADR, 63856-ADR ) 63857-ADR ) Under Contract No. DE-AM36-09GO29033 ) D.O. No. N39430-16-F-1838 ) APPEARANCES FOR THE APPELLANT: Joseph T. Imperiale, Esq. Jamey B. Collidge, Esq. Faith M. Simms, Esq. Troutman Pepper Locke LLP Philadelphia, PA APPEARANCES FOR THE GOVERNMENT: Tracey R. Rockenbach, Esq. Navy Chief Trial Attorney Joshua S. Kauke, Esq. David M. Ruddy, Esq. Miles Jarrad Wright, Esq. Trial Attorneys OPINION BY ADMINISTRATIVE JUDGE ARNETT The parties have resolved their dispute and request that the Board enter judgment in favor of appellant. It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties’ stipulation and agreement, that the appeals are sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $12,000,000. This amount is inclusive of Contract Disputes Act interest. No further interest shall be paid. Dated: June 22, 2026 LAURA J. ARNETT Administrative Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur J. REID PROUTY DAVID D’ALESSANDRIS Administrative Judge Administrative Judge Acting Chairman Acting Vice Chairman Armed Services Board Armed Services Board of Contract Appeals 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 Nos. 63773-ADR, 63831-ADR, 63853-ADR, 63854-ADR, 63855-ADR, 63856-ADR, 63857-ADR, Appeals of Constellation NewEnergy, Inc., rendered in conformance with the Board’s Charter. Dated: June 22, 2026 PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals 2