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RADIO COMMISSIONING FRAMEWORK
Commissioning briefs, Spring 2018:
proposals for batches
Production of Batches of Factual Documentaries (brief no. 47211)
and Arts Features (brief no. 47199) – Round 4 2019/20
Commissions are for broadcast from April 2019 to March 2020 with an option to extend this for a second year.
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Contents SECTION A: KEY FACTS ..................................................................................... 3
SECTION B: ABOUT RADIO 4 .............................................................................. 6
SECTION C: EDITORIAL OPPORTUNITY ............................................................ 7
SECTION D: THE COMMISSIONING PROCESS ............................................... 11
1. TIMETABLE ............................................................................................................... 11
2. THE FOUR STAGES ................................................................................................ 13
3. ASSESSMENT .......................................................................................................... 15
SECTION E: FULL PROPOSALS ....................................................................... 17
1. WHAT WE NEED FROM YOU ............................................................................... 17
2. WHAT TO EXPECT FROM US .............................................................................. 19
SECTION F: COMMISSION AWARD .................................................................. 21
1. NOTIFICATION ......................................................................................................... 21
2. KEY CONTRACT TERMS ....................................................................................... 21
3. DUE DILIGENCE ...................................................................................................... 21
4. MODIFICATIONS ...................................................................................................... 21
5. ACCEPTANCE AND REJECTION OF COMMISSIONING BRIEFS ................ 21
6. COSTS ASSOCIATED WITH OFFERING A PROPOSAL ................................. 21
7. PUBLICITY ................................................................................................................. 21
8. USE OF BBC LOGO................................................................................................. 21
9. INDUCEMENT ........................................................................................................... 21
10. TRANSITION ......................................................................................................... 21
SECTION G: KEY CONTRACT TERMS ............................................................. 22
1. PRE-CONDITIONS ................................................................................................... 22
2. FINANCE .................................................................................................................... 22
3. CONTRACT RIGHTS AND REVENUE ................................................................. 22
4. PRODUCTION........................................................................................................... 22
5. DELIVERABLES ....................................................................................................... 22
6. TERMINATION AND TAKEOVER.......................................................................... 22
APPENDIX 1: ELIGIBILITY QUESTIONNAIRE ....................................................... 24
APPENDIX 2: ABOUT THE BBC ............................................................................ 27
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SECTION A: KEY FACTS In Factual Documentaries and Arts Features, some of the programming is being commissioned on the basis of a batch tender. The two tenders have different editorial requirements (Section C) but follow the one commissioning process (Section D) and will be assessed using the same assessment criteria (Section D). We are looking to commission a number of suppliers to deliver batches of programmes, from five episodes per year upwards. You may prefer not to apply for a batch, in which case you do not need to read this document but simply follow the process set out in the accompanying document,
Commissioning briefs, Spring 2018: proposals for specific ideas. Commissioning Brief No. 47211 LONG FORM DOCUMENTARY BATCH TENDER
Commissioning Editor
Commissioning Executive
Commission Co-ordinator
Mohit Bakaya
Richard Knight
Jacqueline Clarke [email protected]
Duration 28’ / 37’ including announcements
Commissioning slot Various 20:02, 11:02 & 13:30
Number of programmes available Approx 150
Contract period April 2019 to March 2020
with option to renew for an additional year
Guide price range per episode
£8,200-£8,500
Proposals below the guide range must be based on a demonstrably realistic production plan.
Commissioning Round Radio 4 2019-2020 Round 4
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Commissioning Brief No. 47199 ARTS FEATURES BATCH TENDER
Commissioning Editor
Commission Co-ordinator
James Runcie
Sharon Terry
Duration 28’ including announcements
Commissioning Slot Mon 16:02, Tues 11:30, Thurs 11:30
Number of programmes available Approx. 100
Contract period April 2019 to March 2020
with option to renew for an additional year
Guide Price range per episode
£6,100-£6,300
Proposals below the guide range must be based on a demonstrably realistic production plan.
Commissioning Round Radio 4 2019-2020 Round 4
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Please note…
This commissioning process differs from the last time we commissioned batches of documentaries and features.
Eligibility
We will first assess your eligibility as a supplier.
If you have submitted an Eligibility Questionnaire (See Appendix 1) since July 2017 and your situation has not materially changed, you are not required to complete it again.
If you have not already completed an Eligibility Questionnaire, or if your situation has changed in ways that would materially affect your answers, then you must submit a fresh set of responses for all sections.
All answers to the Eligibility Questionnaire should be entered into the ‘Add/Edit Notes Here’ section in Proteus.
Your batch proposal
To apply for a batch you must submit a batch proposal of up to six A4 sides of size 11 font. (We will not read beyond six sides.)
When completing your batch proposal, you should make sure you have fully read and understood the:
o Editorial Requirements in Section C o Assessment Criteria in Section D o What We Need From You in Section E
In support of your batch proposal you must submit a number of Short Proposals for specific programmes (maximum of 250 words each). The number required is in proportion to the size of your batch ambition. See Section C for details.
All proposals must be submitted via Proteus by 12:00 noon on the dates shown in the timetable. No late submissions will be accepted. We advise you to submit your proposals in good time to avoid the possibility of difficulties caused by unforeseen network problems.
Having evaluated batch proposals we may invite you to come and pitch to be a batch supplier.
If this happens we will also invite you to discuss some of your Short Proposals for specific ideas and then to re-submit these as two-page Full Proposals.
Should your batch proposal be rejected, we may still invite you to discuss some of your Short Proposals for specific ideas and then to re-submit these as two-page Full Proposals. This discussion may need to be by phone.
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SECTION B: ABOUT RADIO 4 Radio 4 is unique in the breadth and quality of its informative, educational and entertaining programming. Every day, on air and online, Radio 4 has more original content than any other broadcaster in the world. Its authoritative news and current affairs journalism is complemented by programmes exploring many areas, including science, arts, history, religion, ideas, drama and comedy, offered through regular strands, one-off programmes and special seasons. While the average age of its 11 million plus audience is 56, Radio 4 is constantly evolving its schedule and tone to attract the next generation of listeners. It also seeks to continue to build appeal to audiences across the UK and among ethnic minorities The latest audience data is available on the commissioning website. Radio 4 forms part of BBC Radio, whose strategic vision and objectives are here:
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SECTION C: EDITORIAL OPPORTUNITY
FACTUAL DOCUMENTARIES and ARTS FEATURES We are inviting batch applications
for LONG FORM DOCUMENTARIES (28’/37’ slots), covering the full range of
factual genres – history, politics, science, current affairs, religion, ideas and natural
history
and for ARTS FEATURES.
These batches are offered for an initial contract of 12 months (2019/20), with an option to renew for a second year. We will not be able to confirm price or number for 2020/21 at this stage.
How to win a batch We would like to see submissions that make your department’s or company’s case to supply factual documentary programmes to Radio 4. Batch suppliers will be expected to demonstrate a keen understanding of the world and the forces shaping it and show how they are best placed to work alongside us to react creatively to events. You should provide evidence that you meet all the requirements set out in this commissioning brief. Your batch bid, in the long synopsis field of your Proteus submission, should be no more than six pages of A4 in length, including all information required in this brief. Entered in Proteus 2019/2020 Round 4 Brief no. 47211 Long form Documentary batch tender Brief no. 47199 Arts Features batch tender Please state, in the ‘episodes’ field in Proteus, the number of episodes per year for which you are bidding. Your bid must be for a multiple of five programmes, with the smallest batch being ten, for Factual Documentaries or five for Arts Features. We will assess all batch applications against the assessment criteria in Section D and the other requirements in Section E of this brief. We will invite those applicants whom we assess as having the creativity, experience, ideas, producers, diversity and editorial expertise to be a Radio 4 batch supplier to come and pitch to the Evaluation Team. At this meeting we will ask you to start with a short presentation. Details of the duration and nature of this will be communicated when we invite you.
Your specific programme proposals If you are applying for a batch we also require you to submit specific programme ideas as separate Proteus offers.
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These are not just illustrative ideas. They are programmes that you are passionate to make for Radio 4 in 2019-20. Please submit these individually, following the process as set out in the accompanying document, Commissioning briefs, Spring 2018: proposals for specific ideas. Maximum 250 words each. Entered in Proteus 2019/2020 Round 1 Brief No. 47209 Long form documentary - specific proposals Brief No. 47165 Arts Features – specific proposals The number required is in proportion to the size of your batch ambition according to this scale:
A proposal may be for a series: this counts as one proposal. However, factual series will be mainly commissioned in the new Multi-Part Series brief (see Commissioning brief for Specific Ideas). These proposals (along with specific proposals which do not accompany a batch proposal), will be shortlisted at the Short Proposals stage as per the usual Radio 4 commissioning practice. You will be invited to pitch shortlisted ideas at a dedicated meeting, separate from batch pitch meetings. You will then develop and re-submit them as Full Proposals. The editorial quality of the totality of specific ideas accompanying a batch bid will be a key criterion when assessing that batch application. If you win a batch, we will also commission some of these ideas at the outset. Other programmes in the batch will be commissioned on a rolling basis. If you fail to win a batch we may still commission some of your specific programme ideas.
Long Form Documentary batch size sought
Number of ideas required
10 or 15 from 10 to 20
20 or 25 from 20 to 30
30+ from 30 to 40
Arts feature batch size sought Number of ideas required
5 or 10 from 10 to 15
15 or 20 from 15 to 25
20 or 25 from 20 to 30
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Long form documentaries, whether as part of a batch or not, will be bought primarily as single one-off ideas, as we are now commissioning multi-part series in a different brief. However, some ideas may end up being more than one part, depending on editorial merit. Ideas submitted at this stage will need to stand the test of time and still feel relevant to the audience in 2019/20. Price For this commissioning round we have decided to issue a guide price range rather than a single guide price. We hope that by doing so we will encourage suppliers to consider the optimum balance between cost, quality and ambition within this range, taking into account the different characteristics of specific commissions. We anticipate that this will result in savings in some cases but accept that in other cases it
will not be possible to make savings without jeopardising the editorial proposition of the
commission.
We ordinarily would not consider bids above the range unless the editorial proposition
clearly justified it and Radio 4 was able to find corresponding savings elsewhere.
If you do not specify a price in your bid, Radio 4 will assume that you are offering your
programme at the bottom of the guide price range. Please note that although submitting a
lower price may increase your chance of a commission, the editorial proposition is always
paramount.
Opportunities outside the batch This year we are also inviting suppliers who do not wish to go for a batch to submit proposals for these batched briefs. If you do go for a batch and are not successful, we may still be interested in some of your ideas. We will shortlist all short proposals we are interested in for discussion, whether they come from suppliers seeking a batch or not. We will continue to commission reactive ideas through the year, both from successful batch winners and other suppliers. Whilst the bulk of business will be awarded as a result of commissioning round decisions, we will hold back a number of slots for one-off brilliant ideas that come in at a later date.
Editorial requirements In your batch proposal you will need to demonstrate the following:
Vision for Factual Documentaries or for Arts Features on Radio 4
Quality of your ideas, evidenced by your specific programme proposals
Innovation, pushing boundaries
Knowledge , experience, specialism and strength in this genre
Editorial strength and distinctiveness - evidenced by the quality of past
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work in this area (list of recent programmes, not necessarily for R4)
Capabilities as a producer in this area, including record of key production talent
Ability to respond to a changing world
Established talent relationships
Strategies to evolve listener engagement, including: o Appeal to the ‘replenisher’ audience o Diversity (on air and off air), in its broadest sense o Digital innovation (achievable within the guide price)
For the specific editorial requirements relating to long form Factual Documentaries and to Arts Features, see the relevant briefs in Commissioning briefs, Spring 2018: proposals for specific ideas.
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SECTION D: THE COMMISSIONING PROCESS
1. TIMETABLE
The commissioning process consists of four stages, as set out in the table below.
Stage Timings Activities
Commissioner Opens Round
5th Feb Publish commissioning brief documentation.
Briefing Sessions for all suppliers
6th Feb 8th Feb
Media City, Salford
Broadcasting House, London
5th Feb-5th March
Opportunity to clarify terms of brief prior to submitting Batch Proposal
1. Supplier completes Eligibility Questionnaire
12:00 6th March Eligibility Questionnaire (Appendix 1) submitted in Proteus at the same time as the Batch Proposal.
If you have submitted the questionnaire since July 2017, you do not need to re-submit unless there has been a material change in your circumstances.
2. Supplier submits Batch Proposal
12:00 6th March You submit your Full Proposal for a batch.
Supplier submits Short Proposals for specific programme ideas
12:00 13th March
You submit the appropriate number of related Short Proposals for specific programme ideas.
Shortlisting Batch Supplier proposals and Short Proposals (for specific programme ideas)
Outcome 1
w/c 2nd April
Commissioners evaluate batch proposals and invite shortlisted suppliers to pitch for a batch between the 10th April and the 25th May.
Commissioners also shortlist supporting Short Proposals and invite suppliers to discuss these between the 10th April and the 25th May.
Outcome 2 :
w/c 2nd April
Commissioners may reject a batch proposal at this stage but invite suppliers to discuss selected Short Proposals between the 10th April and the 25th May.
Outcome 3 :
w/c 2nd April
Commissioners may reject both the batch proposal and all the Short Proposals.
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Stage Timings Activities
Supplier submits Full Proposals for specific programme ideas
12:00 29th May
Full Proposals of all re-requested supporting ideas submitted in Proteus.
3. Conditional Commission offered
Mid August
Commissioning decision made, subject to contract. Editorial specifications agreed.
4. Feedback
Two weeks after publication of the results
Deadline by which shortlisted producers may request feedback.
We will assess your proposal according to this timetable. Late submissions cannot be accepted.
If you have any questions about this commissioning brief, please address them to the relevant commissioning co-ordinator.
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2. THE FOUR STAGES
STAGE 1: ELIGIBILITY QUESTIONNAIRE
If you have submitted an Eligibility Questionnaire (Appendix 1) since July 2017, and your situation has not materially changed, you are not required to do so again.
If your situation has changed in ways that would materially affect your answers then you must submit a fresh set of responses.
If you have not done so previously, you must complete the Eligibility Questionnaire and submit it along with your batch proposal.
All answers to the Eligibility Questionnaire should be entered into the ‘Add/Edit Notes Here’ section in Proteus.
Step 1 Via Proteus, submit your response to the Eligibility Questionnaire set out in Appendix 1. Do this at the same time as you submit your full batch proposal. The Eligibility Questionnaire allows the BBC to understand more about your company and your experience in producing programmes for the target audience for this slot.
Step 2 The Evaluation Team will assess your responses to the Eligibility Questionnaire.
Responses to part 1 of the questionnaire are for our information only and will not be evaluated. Responses to parts 2, 3 and 4 are pass/fail (your application may be declined at this stage if the information you provide indicates you do not meet the criteria), so please answer these questions carefully. Please note the Production Eligibility questions asked in this brief may be different from those used in other Radio 4 commissioning briefs.
Step 3 If you are proceeding to the next stage, you will be invited to come in and pitch
for your batch proposal.
STAGE 2: FULL BATCH PROPOSAL
Step 1 All suppliers applying for a batch must submit a batch proposal in Proteus,
responding to this commissioning brief and the editorial requirements outlined in Section C.
Suppliers must also submit the required number of specific programme ideas as Short Proposals under the relevant briefs in Proteus.
Step 2 Producers will be offered the opportunity - on the dates shown in the timetable -
to discuss the commissioning brief with the commissioning team prior to submitting the full batch proposal. This is not to make a pitch but to clarify the terms of the brief. Questions should be addressed, in the first instance, to the relevant commissioning co-ordinator.
Step 3 We will evaluate all Full Batch Proposals against the assessment criteria listed
in Section D and invite producers who meet the criteria to come in and pitch for their batch proposal.
At this pitch meeting we will ask you to start with a short presentation. Details of the duration and nature of this will be communicated when we invite you.
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We will also assess supporting Short Proposals for specific programme ideas, as part of our evaluation and invite producers to come in and discuss a selection of these at a separate meeting from the batch pitch. We will then invite producers to develop these ideas and to re-submit them as Full Proposals in Proteus.
The quality of your specific programme ideas is a key criterion in the evaluation
of the batch proposal as outlined in the Assessment Criteria table below. Step 4 Producers who perform best against the assessment criteria will be notified that
they have been selected to produce a batch of programmes in this brief. The batch awarded may be greater or smaller than the size you have bid for, according to our assessment.
At any stage of the process we may need to come back to you to seek clarification. Your answers will be factored into the evaluation process as appropriate.
STAGE 3: COMMISSION AWARDED
STAGE 4: FEEDBACK
If you are unsuccessful after submitting a Full Batch Proposal we will provide brief feedback via Proteus. You may request further feedback up to two weeks after notification. Requests for feedback should be made to the relevant commissioning co-ordinator. If you would like a face to face feedback conversation, I am afraid this will have to wait until September 2018 when the round is over.
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3. ASSESSMENT
ASSESSMENT CRITERIA
We will assess your Full Proposal and pitch according to the main criteria below (editorial proposal and capability, value for money and risk).
Batch Proposal Assessment Criteria Weighting
Editorial and capability
Indicators:
Overall vision for this area of programming on R4
Innovation, pushing boundaries
Knowledge , experience, specialism and strength in this genre
Editorial strength and distinctiveness - evidenced by the quality of past work in
this area (list of recent programmes, not necessarily for R4)
Capabilities as a producer in this area - track record of key production talent
(named production staff, exec producers with brief CVs)
Ability to respond to a changing world
Established talent relationships
35%
Quality of specific programme ideas (short and long proposals)
Indicators
Overall quality of specific programme proposals submitted in support of this bid -
the quality of your thinking and originality of your ideas
35%
Strategies to evolve listener engagement:
Indicators
Appeal to the ‘replenisher’ audience (tone of voice, style)
Diversity of ideas and people, on air and off air
Digital innovation (achievable within your proposed price)
20%
Value for Money
Indicators
Average price per programme in batch (including spread of higher and lower cost
programmes)
Ability to meet or come below the guide price range. If your offer is below the
guide range you must explain how you will be able to deliver the required quality
Your financial standing (turnover level in the last year)
Acceptance of key contract terms, including compliance with applicable UK law
5%
Risk
Indicators
Production risk: demonstrable capacity to produce similar programmes at the
intended volume and deliver consistently. This may be existing capacity or a
credible plan to build such capacity.
Business Continuity - technical and personnel
Conflict of interest risk
Ability to comply with all relevant UK legislation and BBC Policies (not limited to
Editorial)
5%
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EVALUATION TEAM The following people will assess your proposal: Factual Documentaries
Gwyneth Williams, Controller
Mohit Bakaya, Commissioning Editor
Richard Knight, Commissioning Executive
Lesley Eaton, Business Affairs Manager
Rhian Roberts, Digital Editor
A Senior Procurement Manager Arts Features
Gwyneth Williams, Controller
James Runcie, Commissioning Editor
Roger Mahony, Editorial Standards Editor
Lesley Eaton, Business Affairs Manager
Rhian Roberts, Digital Editor
A Senior Procurement Manager Other senior staff (station management, scheduling, finance, etc.) may also be consulted.
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SECTION E: FULL PROPOSALS
1. WHAT WE NEED FROM YOU All proposals must be submitted via Proteus.
Your Full Proposal must be entered into the Full Synopsis field in Proteus by the submission deadline. Late submissions cannot be accepted.
It should be no longer than six sides of A4 in size 11 font, including all the information requested below, and should adopt the following structure:
Part 1 – Your detailed response to the BBC’s Editorial Requirements outlined in Section C of this commissioning brief.
Part 2 – A section containing the following information:
The name and contact details of your nominated representative (a single point of contact within your organisation who will be responsible for all communication related to the commissioning brief).
Evidence that you have the skills to deliver, or the ability to acquire the skills to deliver, the production of the programme in line with this commissioning brief.
Details of third party suppliers. You may want to work in partnership with third parties to deliver the brief. If so, you should include:
o responses on behalf of each partner; o details of the responsibilities of each partner; o an outline of the main personnel who will be responsible for the production
and delivery of the programme ; o an explanation of how working in partnership would be successfully
achieved, including a proposed legal structure (e.g. one lead contractor and sub-contractors).
Your proposed average cost per episode, showing price to BBC Public Service and to any other funding sources. The BBC is committed to the real living wage (as described by the Living Wage Foundation – see livingwage.org.uk). The per episode cost should be budgeted to account for the real living wage.
What proportion of this cost would be allocated to production and overheads.
As the BBC is looking for original stand-alone programme ideas and not development of an existing programme or series, the BBC’s view is that TUPE will not be relevant or applicable to this commission. Producers are welcome to take their own advice on this before submitting proposals.
Part 3 – Confirmation of acceptance of the BBC’s key contract terms (see Section G).
Part 4 – Risk management. You should identify specific risks and the processes or systems that will be put in place to manage them.
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Part 5 – Company policies. This part of the response should include:
Confirmation of your diversity policy.
Confirmation of the existence of other company policies listed in Appendix 1 of this brief.
(Note: the BBC will not undertake a detailed review of the policies as part of the evaluation; it will be assumed that they comply with BBC requirements.) In making your submission, bear in mind all the Assessment Criteria in Section D. If you have any questions that you need answered before you submit your Full Proposal please send them to the relevant commissioning co-ordinator.
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2. WHAT TO EXPECT FROM US
NOMINATED REPRESENTATIVE
The BBC’s nominated representatives for this commissioning brief are the evaluation team listed in this brief. No individual other than the BBC’s nominated representatives (or their delegates as advised by the BBC) is authorised to discuss the contents or the substance of this commissioning brief with you. We will let you know of any change or addition to the BBC’s nominated representatives.
RESPONSES TO YOUR QUESTIONS
In the interest of fair competition, where we feel it is appropriate, anonymised questions and responses will be circulated to all producers.
COPYRIGHT
The BBC is a signatory to, and will abide by, the principles of the APC Code.
CONFIDENTIALITY
Subject to the Freedom of Information Act (see below), the BBC will keep confidential all commercially sensitive information included in responses to this commissioning brief and will only use this information for the purposes of evaluating the Full Proposal, provided that you have identified the confidential nature of any such information in your response documents.
FREEDOM OF INFORMATION ACT
As a public authority, the BBC is required to comply with the Freedom of Information Act 2000 (FOIA), which came into force on 1 January 2005. The FOIA is intended to deliver greater accountability for decisions and spending across the whole of the public sector. It requires public authorities to strike a balance between transparency and protecting genuinely confidential or commercially sensitive information.
You should be aware that, under an FOIA request, the BBC may be required to disclose information contained within the Full Proposal or future contractual information. Following a request, the BBC may take the views of organisations submitting proposals into account when deciding what information will be disclosed.
For more information on the Freedom of Information Act see bbc.co.uk/foi.
COSTS
As outlined in Section F.6, you take part in this commissioning process at your own cost.
A FIXED PRICE DEAL
The contract will be offered as a “fixed price” deal with you being responsible for any overspend and entitled to keep any underspend.
CONTRACT DURATION
The contract will be to contribute a given number of programmes during the period of twelve months beginning in April 2019 and ending in March 2020. We may extend the contract period, subject to review, upon similar contract terms for up to one additional year.
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IMPORTANT POINTS TO NOTE
This commissioning brief is not a contract. However, the information contained in this commissioning brief, together with your responses, will form the basis of the final contract between you and the BBC.
The BBC reserves the right to exclude any producer who is found to either:
a) have provided information which is untrue, or
b) be in breach of any of the terms of a non-disclosure agreement.
The BBC may modify the commissioning brief (including the timetable outlined in Section D.1) at any time prior to the submission deadline. Any such amendment will be notified in writing to all prospective producers. To allow time for such amendment to be taken into account the BBC may, at its discretion, extend the deadline for receipt of submissions.
By submitting your proposal, you confirm acceptance of the key contract terms (see Section G).
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SECTION F: COMMISSION AWARD
1. NOTIFICATION
If you are awarded the commission, the commissioner will notify you in writing.
2. KEY CONTRACT TERMS
Any contract resulting from the commissioning brief will be between the BBC and the successful producer and will include the BBC’s key contract terms (see Section G).
3. DUE DILIGENCE
The commissioner reserves the right to perform appropriate due diligence (including but not limited to financial and health and safety assessments) at any stage of the commissioning process before the award of a final contract to a producer.
4. MODIFICATIONS
In awarding the commission, we may request additions or modifications to the editorial proposition to incorporate any BBC originated ideas, which may not have been included in your submission, provided that any such requests can be accommodated within the agreed contract price.
5. ACCEPTANCE AND REJECTION OF COMMISSIONING BRIEFS
The BBC reserves the right at any time prior to the award of a commission, and without incurring any liability to the affected producers, to accept or to reject any proposal, or to annul the commissioning process rejecting all Full Proposals.
6. COSTS ASSOCIATED WITH OFFERING A PROPOSAL
All costs incurred directly or indirectly in responding to, preparing and submitting the Full Proposals or those costs which arise out of any presentations requested by the commissioner will be borne wholly by the producer.
7. PUBLICITY
Producers shall not, without the prior consent of the BBC, make any reference to the BBC in any advertising, promotional or published material, nor speak in public about the BBC or its affairs in connection with this commissioning brief.
8. USE OF BBC LOGO
Producers must not use or reproduce any BBC logo or otherwise make reference to the BBC without the prior consent of the BBC, other than to the extent required in order to prepare a response to the commissioning brief.
9. INDUCEMENT
The offering of inducement of any kind in relation to obtaining this or any other contract with the BBC will automatically disqualify a producer and may constitute a criminal offence.
10. TRANSITION
As the BBC is looking for original stand-alone programmes, and not development of an existing programme or series, the BBC’s view is that TUPE will not be relevant or applicable to this commission. Producers are welcome to take their own advice on this before submitting proposals.
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SECTION G: KEY CONTRACT TERMS The successful producer will be the producer of the programme (“Producer”). The contract shall be awarded for a given number of episodes of the programme within a period of 12 months, commencing April 2019, and shall be contracted as a long-form commissioning agreement, which shall contain the following key contract terms: 1. PRE-CONDITIONS
1.1 The producer must comply with all relevant health and safety legislation for the time
being in force and must either have been vetted by the BBC’s Health and Safety department within the previous 36 months, or arrange to be re-vetted and obtain BBC health and safety approval prior to contract.
1.2 In making the programme the producer shall comply with the BBC Guidelines and comply with all applicable law including: child protection legislation, disability discrimination legislation, data protection legislation, anti-bribery legislation, construction design and management regulations and all regulations and orders made under such legislation.
1.3 The producer and the BBC will need to agree the detailed editorial specification of the programmes which make up a batch, and for the avoidance of doubt, the producer will be required to secure the BBC’s prior written approval of key on-air and off-air talent and production staff, including the executive producer.
1.4 Relevant personnel employed or engaged by the producer and working on the programme may be required to sign non-disclosure agreements (NDA) with the BBC in connection with access they are granted to any BBC systems in the course of producing and delivering the programme to the BBC.
2. FINANCE 2.1 Financial terms shall reflect the guidance on price as set out in Section A and the
producer’s response as accepted and confirmed by the BBC. 3. CONTRACT RIGHTS AND REVENUE 3.1 Production of the programme is offered on the terms of the BBC’s Standard
Programme Production Agreement. 4. PRODUCTION 4.1. In the event that any complaints are made in connection with the programme, the
producer will be available to prepare and submit evidence in accordance with the relevant BBC complaints procedure.
5. DELIVERABLES 5.1 The provisions set out in the Editorial Requirements in Section B shall be reflected
as terms of the contract.
6. TERMINATION AND TAKEOVER
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6.1 The BBC shall have the right to terminate and/or take over the contract if it determines in its absolute discretion that the delivery of the programme by the producer over the period of review has undermined the quality and/or integrity of the programme and/or the brand.
6.2 The commissioner shall also be entitled to terminate the contract (without prejudice
to any other rights or remedies that the BBC may have) in the event that the commissioner determines (acting reasonably) that one (or more) of the pre-conditions set out above are not being fulfilled.
6.3 The BBC’s standard rights of termination or takeover of production of the
programme will apply.
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APPENDIX 1: ELIGIBILITY QUESTIONNAIRE
GUIDANCE
If you have already submitted a proposal under the RCF within the past six months and passed the Eligibility Questionnaire then you do not need to submit it again in this round..
In this instance, please provide the Station, Round and Proposal Number relating to your completed Questionnaire and enter them in the Add/Edit Notes Here section of the Create Proposal page in Proteus.
If you have not previously submitted a questionnaire, or if your situation has changed in ways that would materially affect your answers, then you must submit a fresh set of responses.
Complete the questions below then copy and paste them into the Add/Edit Notes Here section of the Create Proposal page in Proteus and write ‘See Eligibility Notes’ in the Short Synopsis Box.
1) Part 1 relates to your company and is for our information only.
2) Part 2 covers a range of policy issues and is Pass/Fail. You should answer YES or NO. If yes, please then give details; if no, please indicate if you would be willing and able to put the relevant policies in place by the time of the Full Proposal deadline. If your response to any question fails to satisfy the evaluators, your proposal will not be considered further.
3) Part 3 covers insolvency and bankruptcy and is Pass/Fail. If you answer YES to any of the questions, the BBC may deem you to be ineligible to be considered further as part of this process.
4) Part 4 is specific to your production experience in relation to this brief and is pass / fail. Please note the questions listed here may be different from those used in other Radio 4 Commissioning Briefs. Responses in Part 4 should be no longer than 150 words per question.
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Part 1: Your company (for information only) 1.1 How long has the company’s substantive base been established?
[Insert details]
1.2 Is your organisation part of a group? If so, give details of other group members. [Insert details]
1.3 Please give your annual turnover over the last three years and/or projected annual turnover over the next three years. Please note your annual turnover in the past
year will be evaluated at the Full Batch Proposal stage (should you get to that stage). [Insert details]
1.4 Do you plan to submit a Full Proposal as part of a partnership? YES/NO
1.5 If ‘yes’, please: a) list each partner and describe the responsibilities each will take. b) indicate the lead company with whom the BBC will contract. c) include the key personnel responsible for the production and delivery of the
programme and details of the partnering company they are currently contracted to.
[Insert details]
Part 2: Policies (Pass/Fail)
Please indicate whether your organisation currently has the following policies and, if not, whether you would be willing and able to put them in place by the time of the Full Proposal submission deadline. Please note: only those who currently have policies (or would be willing and able to put them in place) will be considered eligible. 2.1 Business Continuity
[YES/NO – if yes give details, if no indicate if you would be willing and able to put them in place by the time of the Full Proposal deadline]
2.2 Data Protection YES/NO – if yes give details, if no indicate if you would be willing and able to put them in place by the time of the Full Proposal deadline]
2.3 Health and Safety [YES/NO – if yes give details, if no indicate if you would be willing and able to put them in place by the time of the Full Proposal deadline]
2.4 Equal Opportunities [YES/NO – if yes give details, if no indicate if you would be willing and able to put them in place by the time of the Full Proposal deadline]
2.5 Diversity [YES/NO – if yes give details, if no indicate if you would be willing and able to put them in place by the time of the Full Proposal deadline]
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Part 3: Insolvency and Bankruptcy/County Court Judgments (Pass/Fail)
Please note: if you answer YES to any of the questions in the table below the BBC may deem you to be ineligible. In the past five years, in the United Kingdom, Republic of Ireland or elsewhere, has your organisation (or any of your directors) ever been: 3.1 Declared bankrupt
YES/NO – delete as applicable 2.2 Served a bankruptcy petition
[YES/NO – delete as applicable]
2.3 The subject of a bankruptcy court order [YES/NO – delete as applicable]
2.4 The subject of insolvency
[YES/NO – delete as applicable] 2.5 The subject of winding-up proceedings
[YES/NO – delete as applicable] 2.6 In a situation where your assets have been administered by a liquidator or by the
court [YES/NO – delete as applicable]
2.7 The subject of any civil action relating to your professional or business activities
which has either resulted in a judgement or finding against you by a court, or a settlement being agreed (other than a settlement consisting only of the dismissal by consent of a claim against your organisation – or any of your directors – and the payment of costs) including any outstanding industrial tribunal hearings. [YES/NO – delete as applicable]
2.8 In breach of obligations related to the payment of tax or social security
contributions, as established by a judicial or administrative decision (with final and binding effect in the United Kingdom) [YES/NO – delete as applicable]
Part 4: Production Experience 4.1. Do you have a production base with considerable experience and capability in
the production of documentaries (if you are applying for a Documentaries Batch) or of features (if you are applying for an Arts Features Batch) or of comparable content and a realistic understanding of the requirements to be able to sustain regular delivery over an extended period? YES/NO – delete as appropriate
Summarise your track record in this area in maximum 150 words. [Insert details]
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APPENDIX 2: ABOUT THE BBC The BBC provides a diverse range of broadcast services under a Royal Charter. The greater portion of the BBC’s income comes from the licence fee. In spending this money, the BBC has an obligation to demonstrably secure best value for money for the licence fee payer in all aspects of its day-to-day activities. The BBC is unique in British broadcasting. Our reputation is built on quality, public service, distinctiveness, objectivity and indigenous programme making. Recent years have seen fundamental changes in the broadcasting industry, with more competition and a wider range of services. The BBC now offers major radio networks, a substantial online presence, a number of TV channels, and over 40 local radio stations, as well as a range of other services. As part of the Charter renewal process in 2016, the BBC has committed to open up more of its output to competition. By 2022 60% of network radio broadcasting will be competed under a commissioning framework based on principles of fairness and transparency. A key part of demonstrating value for money in delivering the BBC’s services is the continuing need to form effective and strategic supplier relationships and to work with producers to maximise efficiency and innovation and work closely together for mutual benefits. In submitting responses, you should emphasise the ways in which your bid can specifically support delivery of BBC Radio’s vision and objectives (Section B). For further information on the BBC’s business activities, please visit BBC Radio's commissioning website.
