63842

GE Renewables US, LLC

June 24, 2025Judge Sweet
DismissedQuantum / DamagesCDA Jurisdiction

GE Renewables US, LLC appealed a dismissal of its claim for a price adjustment under an economic price adjustment clause, which the government moved to dismiss for failure to state a claim. The Board granted the government's motion and dismissed the appeal without prejudice.

Material Facts

  • The government awarded Contract No. W91278-21-C-0010 to GE on March 29, 2021.
  • The Contract incorporated FAR 52.216-4, which governs economic price adjustments.
  • GE notified the government of its intent to pursue a price adjustment on June 23, 2022.
  • The government rejected GE's price adjustment request, claiming EPAs do not apply to construction contracts.
  • GE submitted a merit-only claim on December 6, 2023, which did not seek a sum certain.
  • The CO issued a final decision denying GE's claim on February 5, 2024.
  • The government filed a motion to dismiss on March 21, 2025.

Parties

Appellant
GE Renewables US, LLC
Respondent Agency
U.S. Army Engineer District, Mobile
Contract Number
W91278-21-C-0010
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