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machines, etc.), and office supplies that would ordinarily be
used by Government employees doing similar work for the State
Department. Petitioner worked at the office furnished by the
State Department, except for the periods she spent at foreign
mission sites. Normally, these circumstances would indicate an
employer-employee relationship.
With certain limited exceptions, 48 C.F.R. sec. 45.302-1
(2004) requires contractors of Federal agencies to furnish all
facilities in performance of their contracts with the agencies.
Title 48 C.F.R. sec. 45.302-1(a) (2004) permits an agency to
furnish facilities to contractors, inter alia, for support of
industrial preparedness programs and as otherwise authorized by
law or regulation. Title 48 C.F.R. sec. 45.302-3(a) (2004)
permits an agency to provide facilities to a contractor under a
contract (other than a facilities contract) when, inter alia, the
contract performance period is 12 months or less; the contract is
for services and the facilities are to be used in connection with
the operation of a Government-owned plant or installation; the
contract is for work within an establishment or installation
operated by the Government. 48 C.F.R. sec. 45.302-3(a)(3), (5),
(6) (2004).
Petitioner’s personal service contracts were for industrial
hygienist services for periods of 12 months and called for
services related to the operation of State Department
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