ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of -- ) 

) 

SKE Technical Services GmbH ) 

) 

Under Contract Nos. DABNOl-03-C-0025 ) 

W912PE-04-D-0001 ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 59711 

William F. Savarino, Esq. 

Andrew K. Wible, Esq. 

Cohen Mohr LLP 

Washington, DC 

Raymond M. Saunders, Esq. 

Army Chief Trial Attorney 

CPT Lyn P. Juarez, JA 

Trial Attorney 

ORDER OF DISMISSAL ON APPELLANT'S MOTION TO DISMISS 

FOR LACK OF JURISDICTION 

This order arises from SKE Technical Services GmbH's (SKE-TS's) motion to 

dismiss this appeal for lack of subject matter jurisdiction. The Department of the 

Army (government) awarded the captioned contracts to BOS GmbH (BOS) for various 

maintenance services at Army bases in Germany (R4, tabs 1-2). BOS is an acronym 

for Base Operation Services GmbH, a joint venture between SKE International GmbH, 

a German entity, and Burns & Roe Services Corp., an American entity (SKE-TS mot. 

at 1-2,, 3; gov't resp. at 1,, l; R4, tab 10 at 1,, 2). On 17 November 2014, the 

contracting officer (CO) issued a final decision (COFD) asserting a government claim 

against BOS demanding payment for alleged unallowable costs under Federal 

Acquisition Regulation (FAR) Part 31 in fiscal year 2007. The decision was addressed 

to "SKE Technical Services GmbH (formerly Base Operation Services GmbH)." 

(R4, tab 9) The docketed appeal was captioned as "Appeal of SKE Technical 

Services GmbH, f/k/a Base Operations Services GmbH" (Bd. notice of docketing 

dtd. 2 December 2014 ). 1 

1 The notice of appeal, as well as other documents in the correspondence and Rule 4 

files, incorrectly refer to "Base Operations Services GmbH." The company's 

actual name is "Base Operation Services GmbH." 
I 

SKE-TS moves to dismiss the appeal for lack of jurisdiction, arguing that it is 

not a "contractor" under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109, 

because it has no privity of contract with the government under the relevant 

contracts (SKE-TS mot. at 3). The government does not oppose dismissal and 

agrees that its demand is not against SKE-TS, but against BOS, the contractor (gov't 

resp. at 4 ). In her declaration, the CO confirmed that the final decision asserts a 

claim against BOS rather than SKE-TS (R4, tab 10 at 2-3, ~ 14 ). For the Board to 

exercise jurisdiction over an appeal from a COFD under the CDA, the appeal must 

be filed by a contractor. 41 U.S.C. § 7104(a); Binghamton Simulator Co., ASBCA 

No. 59117, 14-1BCA~35,715 at 174,871. Since the parties agree that SKE-TS is 

not a contractor with respect to these contracts, and nothing in the review of the 

limited record indicates otherwise, it is determined that the Board lacks jurisdiction 

over this appeal. Accordingly, SKE-TS's motion is granted and the appeal is 

dismissed. The appeal caption is changed to reflect this opinion. 

Dated: 23 March 2015 

1 dmini rative Judge 

Armed Services Board 

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 No. 59711, Appeal of SKE 

Technical Services GmbH, rendered in conformance with the Board's Charter. 

Dated: 

2 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals