So at present carrying out a short interim PM role for a client to understand what it will take to get a stalled project back on track.
Relationship is PSC - Agency - End Client
Currently Deemed as outside IR35 by carrying out CEST assessment with reference to Agency contract. Contract due to finish mid March.
End client has requested the following for me to get an extension going into post 6th April scenario.
I am providing the service of a Internal PM for them; to get a externally supplied product that has already been implemented and stalled implemented successfully and within a time frame.
In order to be considered ‘off payroll’ our working arrangement would need to generally satisfy the following criteria:
• set a specific set of tangible and measurable work packages with key deliverable's and delivery date with check-ins
My understanding is I am providing the service of a Project Manager not the Product itself, that is being supplied via external provider. Can I, and should I be held responsible if for example the Supplier relationship breaks down, and I am unable to complete delivery? OR as I believe my deliverable should be based around Project Artifacts as opposed to Products.
• paid on delivery of work package – cannot be paid on an hourly, daily or weekly rate
Again why can a day rate not be provisioned for a service as opposed to a Work Package?
• has financial penalties for non-delivery
Given I have not selected, Product, Supplier, Solution, and it is already in place but not live, then how can I have penalty clauses?
• is not expected to attend site unless they are updating us on progress or participating in a relevant meeting
Cannot disagree
• cannot be asked to do any additional BAU activity outside of the work package
Absolutely correct unless my agreement is sought
• should be using their own equipment, their own email addresses and should generally not work in the office (we certainly shouldn’t give them a desk).
Correct and within reason to accomplish Service being provisioned, logins will be required for collaboration with Project Team who are members of staff (Permies)
Perhaps I am being a little cautious here but its almost as if I am being set-up to fail given,
Thoughts appreciated, and as an aside how much of this should be sorted by agency and not me?
Relationship is PSC - Agency - End Client
Currently Deemed as outside IR35 by carrying out CEST assessment with reference to Agency contract. Contract due to finish mid March.
End client has requested the following for me to get an extension going into post 6th April scenario.
I am providing the service of a Internal PM for them; to get a externally supplied product that has already been implemented and stalled implemented successfully and within a time frame.
In order to be considered ‘off payroll’ our working arrangement would need to generally satisfy the following criteria:
• set a specific set of tangible and measurable work packages with key deliverable's and delivery date with check-ins
My understanding is I am providing the service of a Project Manager not the Product itself, that is being supplied via external provider. Can I, and should I be held responsible if for example the Supplier relationship breaks down, and I am unable to complete delivery? OR as I believe my deliverable should be based around Project Artifacts as opposed to Products.
• paid on delivery of work package – cannot be paid on an hourly, daily or weekly rate
Again why can a day rate not be provisioned for a service as opposed to a Work Package?
• has financial penalties for non-delivery
Given I have not selected, Product, Supplier, Solution, and it is already in place but not live, then how can I have penalty clauses?
• is not expected to attend site unless they are updating us on progress or participating in a relevant meeting
Cannot disagree
• cannot be asked to do any additional BAU activity outside of the work package
Absolutely correct unless my agreement is sought
• should be using their own equipment, their own email addresses and should generally not work in the office (we certainly shouldn’t give them a desk).
Correct and within reason to accomplish Service being provisioned, logins will be required for collaboration with Project Team who are members of staff (Permies)
Perhaps I am being a little cautious here but its almost as if I am being set-up to fail given,
- I have not selected the solution, supplier, Project Team,
- I see myself as provision of a service as opposed to a product, so is it right that I should have to get paid on packages as opposed to time and Material basis (day Rate)
Thoughts appreciated, and as an aside how much of this should be sorted by agency and not me?
Comment