Ertan and Susan Eren - Page 4

                                                   -4-                                                     
            Petitioner's Duties in Bogota                                                                  
                  As project director for the Bogota annex, petitioner was                                 
            responsible for the inspection and supervision of the construction                             
            of such annex.  He was not subject to daily supervision by FBO.                                
                  FBO provided petitioner with a "Project Director's Handbook",                            
            which he was to use as a guide in performing his duties.                                       
            Petitioner was required to personally perform his duties to FBO on                             
            a full-time basis.  He was required to work a minimum of 40 hours                              
            a week; however, he typically worked longer hours.  Petitioner was                             
            not paid for the extra hours he worked.                                                        
                  FBO provided petitioner with all requisite contract documents,                           
            specifications, and drawings for the annex construction.                                       
            Petitioner did not have authority to change the documents.                                     
                  Petitioner was appointed a contracting officer's technical                               
            representative (COTR) pursuant to a memorandum dated November 10,                              
            1988. The memorandum outlined 11 specific duties and activities                                
            that petitioner had to perform as COTR.  Primarily, petitioner was                             
            required to insure that all materials furnished, and the work                                  
            performed, on the Bogota annex project were in accordance with the                             
            contract specifications and that the work progressed on schedule.3                             

            3            Petitioner had substantial control over the contractor                            
            hired to build the annex.  He was able to order work redone or                                 
            stopped  because of the contractor's failure to follow accepted                                
            safety procedures or project specifications without prior FBO                                  
            approval.  Before authorizing FBO to pay the contractor,                                       
                                                                            (continued...)                 





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