Does your staffing firm enter into independent contractor agreements with subcontracting firms? Do these firms typically ask for net 30 payment terms (or less)? In a commerical setting (ie, subcontractor supplies you a contractor that you put on a commerical client site), these terms are pretty customary. But if you supply talent to prime contractors on government contract this "net 30" language can be problematic. Specifically, your staffing contract with the prime may say "you don't get paid until we [prime contractor] get paid by the government end client." In that case, you naturally don't want to pay your subcontracting firm until you get paid by the prime contractor. This way everyone shares the risk in the government's lag.
There are instances, however, where we agree to "net terms" in the subcontract - even in the face of our own contract with the prime that doesn't pay us until the prime is paid by the government client - when our client's track record has consistently demonstrated payment on a net 30 basis. Of course, even then, we propose "net 45" to allow us time to receive payment. It's never a smooth process, and each deal stands on its own, but I'd at least start with the position of paying the subcontractor within 10 days of payment by your client. Most of these subcontract firms are aware of the limitations associated with the government contracts, and oblige. At time they don't and you'll have to judge the risk on an individual basis. If the 1099 is a one person shop, we usually just pay every two weeks and take the risk. Good luck.
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