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Petitioner's Contracts with FBO
During the late 1970's and early 1980's, petitioner rendered
architectural services to FBO on an "as needed" basis under a labor
hour contract for various FBO projects in Brazil. He signed his
first personal service contract (PSC) with FBO in 1983, and has
been performing services solely for FBO since that time. His
subsequent contracts with FBO have been renewed, modified, or
renegotiated on an annual basis.
On March 6, 1984, petitioner and FBO signed a contract
designating petitioner as the project manager2 with respect to the
improvements and repairs at the U.S. Embassy in Ankara, Turkey, and
other U.S. foreign service posts. Petitioner worked in Turkey for
a number of years under modified versions of this PSC. In July
1988, he was transferred from Turkey to Bogota.
Petitioner's contract with FBO, as in effect during 1989,
states in part: "The Project Manager will inspect construction,
improvements and/or repairs at project sites and will be directly
responsible to FBO in the performance of his duties under this
contract." The contract provides that petitioner will "Perform
appropriate functions and obligations in accordance with procedures
or other directives issued by the Contracting Officer or his
designee."
2 The term "project manager" and "project director" are
used interchangeably herein.
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Last modified: May 25, 2011