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services contracts materially differs from Mr. Eren’s
relationship with the FBO. Although petitioner and Mr. Eren were
both professionals, the State Department hired petitioner as a
specialist to evaluate and solve a problem. She evaluated work
environments for health hazards, recommended and implemented
measures to eliminate those hazards, and developed an industrial
hygiene management information system. Petitioner’s work was
considered technically authoritative and accepted without
significant change. The State Department had little control over
the means and manner by which petitioner’s work was accomplished.
Petitioner worked under the broad guidance of the COR, who made
assignments and provided statements of policy and overall scope
to guide petitioner. Petitioner was responsible for planning and
carrying out the projects. She submitted her evaluations and
recommendations to the COR in comprehensive written reports when
the project was completed; she was not required to maintain daily
logs or submit monthly reports. In sum, the FBO had more control
over Mr. Eren than the State Department had over petitioner.
Moreover, petitioner’s work relationship with the State
Department was more transitory than that of Mr. Eren. Mr. Eren
worked for the State Department under his personal service
contracts for many years, whereas petitioner worked for the State
Department under her personal service contracts for a little over
1 year.
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