[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR17.604]



[Page 341]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 17_SPECIAL CONTRACTING METHODS--Table of Contents

 

             Subpart 17.6_Management and Operating Contracts

 

Sec. 17.604  Identifying management and operating contracts.



    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.