How to Restructure Our Business Development Contractor’s Contract?

We’ve been working with an outsourced Business Development contractor for the past three years, having previously employed them as a full-time employee for over a decade. When their contract was initially created by the previous owners, it heavily relied on goodwill, and there were no established targets, goals, or KPIs—only a flat fee regardless of performance.

Over time, however, their output has significantly declined. The quality of work has deteriorated, and they’ve lost motivation, leading to a situation where we’re now losing 40% on every placement they bring in—compared to just 15% previously.

This situation cannot continue, so I am looking to renegotiate the contract. The line between employee and contractor has become blurred. For instance, if the contractor’s laptop breaks down for two days, they still charge us for the services during that time.

Currently, the contractor earns a flat rate of $100K but used to bring in 100 jobs and is now only delivering 60. I propose establishing a base rate with the potential for them to earn up to the full $100K if they meet the original target of 100 jobs, with even greater opportunities for bonuses if they exceed that target.

I would appreciate your insights on this approach.

Additional Considerations:
– We do need this individual during the medium term. If they’re dissatisfied with the new terms, I’ll recommend they continue under the existing agreement for six more months until we can find a replacement.
– The old contract specifies set hours and an hourly rate, which doesn’t effectively promote productivity. It would make more sense for the new contract to focus solely on retained business rather than referencing hours worked.

By RCadmin

One thought on “How to restructure a contract with our BD?”
  1. It sounds like you’re facing a challenging situation with your outsourced Business Development contractor, but it’s great that you’re taking proactive steps to address it. Here’s a structured approach to renegotiate the contract:

    1. Prepare for the Conversation

    • Performance Data: Gather data on the contractor’s past performance vs. recent performance. Highlight the decrease in job placements and the financial impact on the company.
    • Market Research: Understand the industry standards for similar roles and compensation structures. This will help you justify your new proposal.
    • Outline Goals and KPIs: Develop clear, measurable goals that align with your business objectives. Define what success looks like for this role.

    2. Set Up the Meeting

    • Schedule a formal meeting to discuss the contract changes. Ensure it’s a dedicated time so both parties can have an open dialogue.

    3. Communicate Clearly

    • Express Appreciation: Start the conversation by acknowledging the contractor’s past contributions and the value they bring to the company.
    • Share Concerns: Discuss the decline in output and the financial impact, being factual and non-confrontational.

    4. Present the New Contract Structure

    • Base Rate with Performance Incentives: Propose a base rate that reflects their current salary, with an incentive structure that rewards meeting and exceeding the target (e.g., 100 jobs).
    • Eliminate Hourly Tracking: Suggest moving away from hourly billing to a results-based model. This could include a retention fee for their time and effort, in addition to the performance incentives.
    • Scope for Additional Earnings: Introduce tiers for exceeding target placements, allowing them to earn more as productivity increases.

    5. Discuss Terms of Transition

    • If they express concerns about the new terms, offer a compromise where they can work under the current agreement for a limited time (e.g., six months) as you seek to transition to the new structure.

    6. Establish Boundaries and Responsibilities

    • Highlight expectations regarding work output, quality, and commitment. Be clear about what constitutes acceptable performance, and how tools and resources (like their laptop) will be addressed.

    7. Document Changes

    • Once you reach an agreement, ensure that all changes are put into a revised contract. Clearly outline the KPIs, payment structure, and any other significant changes to avoid ambiguity.

    8. Follow Up

    • After implementing the new contract, schedule regular check-ins to assess progress and address any issues that arise promptly.

    Closing Thoughts

    Renegotiating a contract can be uncomfortable, but being transparent and fair while focusing on mutual benefits can help facilitate a smoother transition. It’s important to communicate that these changes are not just for the company’s benefit but also provide the contractor with a clearer path to success and potential earnings. Good luck!

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