Subbing for sensitive roles

[Klodge]

Hello,

I've only been contracting a very short period of time and if I'm honest, I ran into contracting without really considering all the factors like IR35, MoO etc. so I'm trying to sort those factors out before you get a knock on the door.

I'm a Computing Architect who operates in defence\government sectors and what I'm trying to do is workout how subbing in those environments works as there are really strict processes for taking someone on board, especially for a short period of time.

Does or has anyone every successfully subbed someone in to those kind of environments?

I did try searching but sub us too short for the search criteria

Thanks

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[northernladuk]

I can't see how you can and bearing in mind even normal subbing is done so very rarely I wouldn't worry about it.

As long as the clause is in teh contract and is worded correctly (always get your contract checked) then the agent has agreed its possible. Once the contract is signed never mention it again. You've some defense if it was never tested as you'd expect it to be honoured as per the contract. If you going in asking your client if they'd take a sub just out of interest and they say no you've just shot yourself in the foot as you know the clause is a sham.

[jamesbrown]

The test is whether there's a right of substitution that is not unreasonably fettered.

As always, the test is the reality on the ground (i.e. whether you really do have that right), not what the contract says or whether you or anyone else believes it; obviously, this will be tested with the client under investigation. If it isn't real, it won't count for anything.

Practically speaking, there probably isn't a RoS that is reasonably fettered in the situation you describe, in which case you depend more on other factors.

[malvolio]

It would be up to you to offer a subbstitute that is suitably cleared for the role: it's no different to having to ensure they are technically capable of doing the work. And if you offer someone who isn't, it is completely reasonable for the client to refuse them.

But as others have said, RoS is a weak pointer these days, courtesy of some dodgy and badly-informed court decisions. You have to rely on the much stronger elements of Mutuality and D&C to prove you are an independent business.

[Klodge]

Thanks all, appreciate the replies.

I do have contacts who operate in the same environment and with the same skillset that could do the work if really needed but at present it isn't really needed, I was just trying to cross off areas I was concerned about. I'd rather just notify of a break in service for week or so than have to organise someone to stand in.

The contract was reviewed before I started but as I was basically running into the contract and forming the business whilst I was on holiday, I've not given everything as much thought as I should have.

Thanks again

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[northernladuk]

Thanks all, appreciate the replies.

I do have contacts who operate in the same environment and with the same skillset that could do the work if really needed but at present it isn't really needed, I was just trying to cross off areas I was concerned about. I'd rather just notify of a break in service for week or so than have to organise someone to stand in.

But the chances of them being on the bench when you need them is going to be close to nil. Also it will depend on the vetting levels of what you are doing. If they need to go through any level of vetting it won't work either.

[Klodge]

But the chances of them being on the bench when you need them is going to be close to nil. Also it will depend on the vetting levels of what you are doing. If they need to go through any level of vetting it won't work either.

That is very true and that's kind of what worries me, if push came to shove I'd struggle to pick some one I trust to work with my client, who carries the right level of clearance and isn't going to charge me a fortune

If I was asked to prove that I could sub someone, I could give names of people at that exact point of time but whether they are available and whether they are even interested us another matter

[northernladuk]

That is very true and that's kind of what worries me, if push came to shove I'd struggle to pick some one I trust to work with my client, who carries the right level of clearance and isn't going to charge me a fortune

Yup but you are over thinking it now,.

If I was asked to prove that I could sub someone, I could give names of people at that exact point of time but whether they are available and whether they are even interested us another matter

No point doing that. Doesn't prove anything.

As I say, I think you are over thinking it now. Sign the contract, don't ask about subbing until it comes up and you've no choice and be prepared for them to say no. Nothing else to do about it.

[malvolio]

And don't ignore the fact that a substitute takes over the contract in its entirety, including the agreed rate. So you might have a discussion on your retainer but that's it.

Don't mix up substitute with sub-contractor

[MrButton]

I have done it a few times now in an SC cleared role for a gov department. It requires a conversation mainly with business support ops and the security clearance team.

I’ve used an SC cleared person who worked for the department on a different project way before I started.