C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES › PART 17—SPECIAL CONTRACTING METHODS › Subpart 17.6—Management and Operating Contracts

48 C.F.R. § 17.604

17.604 Identifying management and operating contracts.

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A management and operating contract is characterized both by its purpose (see 17.601) and by the special relationship it creates between Government and contractor. The following criteria can generally be applied in identifying management and operating contracts:

(a) Government-owned or -controlled facilities must be utilized; for instance, (1) in the interest of national defense or mobilization readiness, (2) to perform the agency's mission adequately, or (3) because private enterprise is unable or unwilling to use its own facilities for the work.

(b) Because of the nature of the work, or because it is to be performed in Government facilities, the Government must maintain a special, close relationship with the contractor and the contractor's personnel in various important areas (e.g., safety, security, cost control, site conditions).

(c) The conduct of the work is wholly or at least substantially separate from the contractor's other business, if any.

(d) The work is closely related to the agency's mission and is of a long-term or continuing nature, and there is a need (1) to ensure its continuity and (2) for special protection covering the orderly transition of personnel and work in the event of a change in contractors.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Christos v. United States, 48 Fed. Cl. 469 (Fed. Cl. 2000).
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Christos v. United States, 48 Fed. Cl. 469 (Fed. Cl. 2000). “48 CFR § 17.604 (2000). This provision does not state and does not indicate that there should be a special relationship between employees and the government in the area of personnel matters and specifically severance pay.”
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