Suggested Compensation (was Re: Conflict of Interest policy, 1 March 2012 draft)

Tony Sebro tony at sfconservancy.org
Fri Mar 2 14:44:50 EST 2012


Hi, Ian.  Thanks for your questions.  See below.

On 03/01/2012 09:41 PM, Ian Lynagh wrote:
>> ** *Suggested Compensation.* The PLC must provide Conservancy's
>> Executive Director (or designee) with a suggested compensation (converted
>> into an hourly wage) for the software developer to be retained to
>> fulfill the funded contract.
> I am unclear what you want exactly. Do you just want an hourly wage?
> Do you want a fixed cost for the work, divided by an estimated number of
> hours that it will take? Are you happy with either?
We need to be able to evaluate all developer contracts using a common 
metric, hence the requirement that PLCs disclose a suggested hourly 
wage.  Fixed-fee wages in other units should be recalculated into hourly 
wages using common conversions (i.e., assume a 40-day work week, 8-hour 
day, etc.).  PLCs are free to provide any additional information (e.g., 
projected length of project, overall budget, etc.) they think is 
appropriate.

I should note that Bradley and I will scrutinize any proposed 
compensation package that can't be converted to an hourly wage, as the 
IRS discourages non-profits from issuing incentive- or commission-based 
contracts.

> Can the PLC talk to potential candidates to work out what it would be
> likely to cost? Can those potential candidates be PLC people?
As it says later in the policy:
"PLCs must not engage in any pre-negotiation with prospective 
contractors - including PLC Persons - beyond collecting the terms of the 
developer(s)' bid."

Collecting the terms of the bid can (and *should*) include collecting 
the projected cost.
> Does it need to be in USD?
>
Not necessarily.  However, Bradley and I will likely convert it to USD 
so that we can compare it to historical data for other contracts issued.

Best, -Tony

-- 
Tony Sebro, General Counsel, Software Freedom Conservancy
212.461.3245 x11
tony at sfconservancy.org
www.sfconservancy.org

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