Edward Hayes, as Liquidator of Base Operation Services GmbH

Material Facts

• The appellant contends that the Board applied the incorrect legal standard when it treated the motion to dismiss as a motion for summary judgment.
• The appellant argues that the Board erred in declining to rule on the contractor's capacity to sue at the time the contracting officer issued her final decision.
• BOS is a German corporate entity formed by a joint venture between SKE International GmbH and Bums & Roe Services Corp.
• The Board has an obligation to determine its own jurisdiction by examining the joint venture agreement.

Parties

Appellant

Edward Hayes, as Liquidator of Base Operation Services GmbH

Respondent Agency

Department of the Army

Contract Number

DABNOl-03-C-0025