5982959907

Edward Hayes, as Liquidator of Base Operation Services GmbH

June 23, 2016Judge Woodrow
Denied / Government PrevailedOtherDCAA Involved

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
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.