Lisa Beth Levine - Page 23

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          installations.  Petitioner was responsible for managing,                    
          coordinating, and implementing the State Department’s worldwide             
          industrial hygienist field technical services program.  She                 
          inspected and monitored State Department facilities worldwide for           
          health hazards.  She recommended or implemented measures to                 
          eliminate or alleviate hazards and trained employees in the use,            
          handling, and disposal of toxic chemicals and physical agents.              
          During the first contract period, petitioner visited 18 posts and           
          performed approximately 40 percent of her services outside the              
          United States.  Petitioner’s services required access to                    
          classified information that was required to be kept at the State            
          Department.  Under these circumstances, we think the State                  
          Department’s providing petitioner with office facilities and                
          supplies is consistent with treating petitioner as an independent           
          contractor, as well as, treating her as an employee.  This factor           
          is neutral.                                                                 
               4.   Integral Part of the Business                                     
               The State Department’s FBO operates the Foreign Service                
          properties in foreign countries.  The services petitioner                   
          provided under the personal service contracts were integral to              
          the State Department’s obligation to ensure the safety of                   
          Government employees who worked in those properties.  Petitioner            
          did not perform services for other clients.  See Breaux & Daigle,           
          Inc. v. United States, supra at 53 (financial success of                    






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Last modified: May 25, 2011