Edward Hayes, as Liquidator of Base Operation Services GmbH
Edward Hayes, as Liquidator of Base Operation Services GmbH, appealed the government's claims regarding contracts for maintenance services, arguing lack of legal capacity to be sued. The Board denied the motion for summary judgment, finding genuine issues of material fact.
Material Facts
- Base Operation Services GmbH (BOS) was formed as a joint venture on 20 August 1998.
- The U.S. Army awarded CPAF Contract No. DABNOI-03-C-0025 to BOS on 21 July 2003.
- The U.S. Army awarded CPAF Contract No. W912PE-04-D-0001 to BOS on 28 January 2004.
- Performance of the contracts was complete by 31 January 2009.
- On 5 March 2013, DCAA issued a notice to BOS notifying it that it owed the U.S. Army €2,567,560 due to disapproved costs under the contracts.
- On 17 November 2014, the contracting officer issued her first final decision and demand for payment to BOS.
- The appellant timely appealed the contracting officer's final decisions to the Board.
Parties
- Appellant
- Edward Hayes, as Liquidator of Base Operation Services GmbH
- Respondent Agency
- Department of the Army
- Contract Number
- DABNOI-03-C-0025
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