As your business matures, your needs change.
That's why we offer service contracts that can flex and evolve with you. Need short-term help? We've got a contract for that. Prefer to keep a few consultants on retainer for the long haul? We've got you covered. Require support for an upcoming conference? We can handle that! Need HR or sales assistance? Yep, we can help with that too.
We get that contract configurations can be confusing, but they don't have to be. If you'd like to better understand the options available to you, read on! I'll break down each Focusing Forward contract component, and teach you the why, when, and how to use it, so you can negotiate with confidence and get the support your growing business needs.
IN THIS ARTICLE
1. Required for all contracts
i. Master Consulting Agreement
ii. Mutual Nondisclosure Agreement
2. Most Common Exhibits
i. Exhibit A – Hourly
ii. Exhibit D – Retainer
3. More Specific Exhibits
i. Exhibit B – Recruiting
ii. Exhibit C – Firm Fixed Price
iii. Exhibit E – Sole Source Incentive + ROO
v. Exhibit G – Percentage Win
*NOTE: All exhibits may be used concurrently with exhibits, HOWEVER, each exhibit always maintains ITS OWN fees and specifications. Unless explicitly stated, neither work described nor fee amounts and terms respective to one exhibit shall also be attributed to any other active exhibit.
1. REQUIRED FOR ALL CONTRACTS
MASTER CONSULTING AGREEMENT (MCA). This is the Base Agreement for all our contracts (even for Recruiting/Staffing Services). If you have your own standard agreement that you wish to use, we will gladly review it; but otherwise, our MCA is the default. This Agreement is the final authority, if you will, so no matter which or how many exhibits we use, they will always be an addendum, and thus, subject to the primary document. The MCA includes legal recitals and (typically) establishes a 1-year Term, with the option to auto-renew for another year when the Term ends.
MUTUAL NON DISCLOSURE AGREEMENT (MNDA). Pretty self-explanatory, and again, may be replaced with your company’s version, if it is materially similar. Please note that we will not use a one-sided NDA; it must be a mutual agreement
2. COMMON EXHIBITS
EXHIBIT A – HOURLY (CONSULTING). This “pay-by-the-drink” exhibit is very popular. It sets an hourly rate (*available upon request) for consultants’ services, billed on a 30-day cycle. It lists services to be performed and applicable client specifications such as a Not-to-Exceed (NTE) ceiling (per month or per project) and surge rates. May run concurrent with other exhibits.
EXHIBIT D – RETAINER (CONSULTING). Another top choice, this exhibit works on a a fixed monthly service fee for the duration of the project. Use it for longer-term projects with a narrow focus or for keeping multiple consultants on board for a time to more broadly support your business development team. NTE hours, surge rates, etc. may be added. It’s a great alternative to hiring, especially when you may only need help in small, regular intervals over an extended period.
*NOTE: There is one fundamental difference between hourly and retained consulting work. Hourly: consultants work only on specific tasks per your direction. Retainer: Ditto, but they'll also source new opportunities and make connections on your behalf.
2. OTHER (MORE SPECIFIC) EXHIBITS
EXHIBIT B – RECRUITING/STAFFING. This one is unique in several ways. For starters, it’s unrelated to consulting! We help clients fill open positions on both the business development/capture and operations sides, including those requiring high security clearance levels (like Top Secret / Special Compartmented Information). Tiered fees reward you with discounts for multiple hires, and a generous warranty protects you; so should a go sour, you can recoup some of your payment.
EXHIBIT C – FIRM FIXED PRICE (FFP). Similar to a Time & Materials exhibit, an FFP is used primarily for one-time events (such as conferences) or for the development of specific deliverables (such as design work or a proposal). It describes duties to be performed + where, when, and for how long (usually under a month). Should travel be required, reimbursement policies and specifications are noted along with any resources that will be provided to the consultant; for example: ID badge, laptop, driver, meals. A total fee is calculated that accounts for these variables and the consultant's billable time. Per the exhibit's specifications, this fee is payed all at once or in installments.
EXHIBIT E – SOLE SOURCE INCENTIVE (SSI) + F – REGISTRATION OF OPPORTUNITY (ROO). This one is a little more complex, but it’s only used when a consultant is asked to help our client obtain Sole Source Awards. The consultant receives a firm fixed fee for each sole source contract awarded to the company. The consultant will register this in an ROO, signed by our client, and added to this exhibit. Additionally, the consultant will receive a negotiated percentage of the gross profits awarded to the client for each contract. The ROO is then added to this exhibit. Each ROO has a shelf life of 3 years.
EXHIBIT G – PERCENTAGE WIN. Usually combined with Hourly or Retainer, this exhibit is most commonly enacted when the consultant is tasked with sourcing and providing our client with advantageous opportunities or with making introductions to specific federal agencies and people that can help them win contracts. There is always a clearly defined desired outcome; usually it's landing a contract or multiple contracts. And for each distinct instance that this outcome is achieved (and where the client was materially and meaningfully involved), the company pays their consultant a an agreed-upon percentage of the gross amount earned. NTEs per occurrence may be specified as well. When applicable, this percentage win is payed to the consultant in addition to their hourly or retainer fee.
COMING SOON: NEW COMMISSION-BASED SERVICE EXHIBIT (SALES TEAM TRAINING)!
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