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Advice for first time contractor

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dmusicant

Programmer
Mar 29, 2005
253
US
I've been programming for around 10 years and working at it (W2) for 8 or so. I've had quite a few jobs. I am sometimes asked if I want to work as a contractor or as an employee and I have always said "employee" mainly because I've always done that. I figured I could probably easily take those jobs on a contract basis and figured that someday I'd have to (or even want to) but that day hasn't come until today.

A recruiter got my resume off an employment recruitment site and has been lining me up for a position at one of their client companies and yesterday I was told that the decision has been made that I get the job. I am to be paid on an hourly basis as a contractor. They emailed me papers to sign yesterday. Generally, when I sign preemployment papers I scan them and sign, have a general idea what it's about, the legalese notwithstanding. Since I was at home this time, at my "leisure," I took the time to read this stuff carefully. Most of it looks pretty OK, although I'm rather inexperienced at this, obviously. There's a nondisclosure agreement, a W9 form - pretty standard stuff. Then there's the 5 page contract with an "Exhibit A" tacked onto that, being a purchase order for my services. That's a bit weird from my perspective, but probably standard, I figure. It states my hourly rate, basically, with a sentence or two with yet another guarantee by me that I won't make any agreements with the 3rd party for a year after the completion of my assignment, things of that nature. In the contract they want me to guarantee that if I do start working directly with their client, I will fork over 20% of my salary. I guess I'm OK with signing on that. However when I got to paragraph 12 in the contract, I did a double take:

12. INSURANCE. Contractor will obtain for itself and its personnel before providing services, at its own expense, comprehensive General Liability insurance coverage for projects covered by this Agreement, for limits of liability not less than $500,000 and will name <insert name of recruiter here> as an Additional Insured, provide a copy of the binder and policy to <insert name of recruiter here>, and hold <insert name of recruiter here> harmless for any damages or expenses, including attorney's fees, incurred as a result of misconduct of Contractor or its personnel involving <insert name of recruiter here>, the TPU (third party unit), or any customer of client of the TPU.

Now, that's something I wasn't prepared for and I figure I'll be calling them first thing in the morning - their office won't be opening for at least 3 hours. You people with experience, can you tell me what this is about? Are they going to waive this for me? I can't believe that they recruited me with the assumption that I already have an insurance policy of this nature and didn't ask me up front. I'm a computer programmer, and they were careful to check out my references before making me the offer. In the past, the trust inherent in that type relationship has floated my boat.

Please, in addition to answering that specific question, can I get some tips and hints to give me a more solid footing in embarking on my first gig as a contractor? I've had quite a few contractor-like assignments, but never actually been on a contract basis. I always figured it was going to be principally a matter of filling out some different or extra IRS forms, but I guess there's more to it. For one thing, it looks like I'm going to have to manage my own withholding of federal and state taxes and SS. Do I do that at tax time or do I have to manage that during the work year? This job is 6 months+ (I'm told it's funded for a year, possibly with extensions) but I will be on a trial basis, especially at the start. The TPU is contractually entitled to send me home for any reason at any time. The contract seems to carefully stipulate that I'm entitled to zero benefits, just my hourly rate with no possibility of extra compensation for overtime, no possibility of being compensated for training of any kind, etc. Thanks for any help.
 
I worked a contract last year where I was paid by a consulting firm out of Chicago who found my resume on the web. I took my interview with a Florida consulting firm who was sub-contracted by another, smaller consulting company who had secured a state contract. Strange, but it happens.

Beware of false knowledge; it is more dangerous than ignorance. ~George Bernard Shaw
Consultant Developer/Analyst Oracle, Forms, Reports & PL/SQL (Windows)
Author and Sole Proprietor of: Emu Products Plus
 
I worked a contract last year where I was paid by a consulting firm out of Chicago who found my resume on the web. I took my interview with a Florida consulting firm who was sub-contracted by another, smaller consulting company who had secured a state contract. Strange, but it happens.

Yes, that may seem strange, but when the two consulting firms are apparently under one roof with the same CEO, I have to raise my eyebrows. Like I say, it's my first contract and I am not experienced in these things. Yes, I will try to maintain equanimity in the face of this. Why should I let it bother me? Well, the main reason at this point is simply that this man just told me I should represent myself as a contractor of a company I'd never even heard of before the conversation. It seems strange to me. Thanks for the input.
 
Sometimes a consulting firm will create a secondary consulting firm. By placing an individual who qualifies as a minority at the helm, they can be eligible to secure contracts that they otherwise might not be able to obtain.

Beware of false knowledge; it is more dangerous than ignorance. ~George Bernard Shaw
Consultant Developer/Analyst Oracle, Forms, Reports & PL/SQL (Windows)
Author and Sole Proprietor of: Emu Products Plus
 
Sometimes a consulting firm will create a secondary consulting firm. By placing an individual who qualifies as a minority at the helm, they can be eligible to secure contracts that they otherwise might not be able to obtain.
Yes, that may be it. I think the man I met is from India. Thank you.
 
This sort of thing is very prevalent with goverment contracts. The DoD (or FEMA or any other large agency) will pay one of the big consulting firms $200/hour, who subcontracts it out for $160/hour, who subcontracts it out for $120/hour, etc. etc., until the hourly rate gets so low that it can no longer be subcontracted, and that firm gets stuck doing the actual work, rather than just taking a cut.

I wouldn't worry about it -- if the customer asks you, just explain that you understand that you're a sub-sub contractor, and that they brought you in to do work for them.

Chip H.


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