Commissioning Process Brief - VT inserts 21/22 - BBC
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Commissioning Process Brief
VT inserts 21/22
1CONTENTS
SECTION A: EDITORIAL OPPORTUNITY page 3
SECTION B: THE COMMISSIONING PROCESS
1. THE PROCESS page 4
SECTION C: CONTRACT page 6
2SECTION A: EDITORIAL OPPORTUNITY Commissioning Brief Name: The One Show – VT Inserts 21/22 Commission contact Claire Megahey Duration
SECTION B: THE COMMISSIONING PROCESS
If you have any questions about this commissioning process that need answering before you
make your submission, please ensure you email them to competitive.tendering@bbc.co.uk.
Submissions must be received by 5th January 2022 to be considered.
1. THE PROCESS - Eligibility, Production Experience , Assessment & Award
Stage 1: Eligibility
Eligibility Criteria
Relevant Experience
➢ The company has an existing substantive base in the Nations 80%
and Regions and can produce content that qualifies as OOL
under the Ofcom criteria.
➢ Track record in high-volume (>20 eps) of low-cost (The Evaluation Team will together evaluate all production questionnaires against these
requirements.
Please outline your relevant production experience, using recent examples, in the
following areas:
1 We require a regionally qualifying production base with recent relevant ‘production
team’ experience of producing television content for a UK Network broadcaster.
[Insert details]
1 We require a production team with a demonstrable understanding of the importance of
agile and topical film making and recent company/production team experience of
producing engaging topical content for television.
[Insert details]
3 We require a production team with relevant production team experience of talent
management to the level expected and required when producing high profile television
content and the ability to build those relationships quickly and effectively. NB. It is likely
that talent will be as directed and/or agreed with The One Show HQ team.
[Insert details]
2 We require a production team with a realistic understanding of the pressures, staffing and
infrastructure involved in producing short form topical content in relatively short
timeframes.
[Insert details]
3.We require a production team with solid experience of delivering short form content
which meets the standards of compliance expected by the BBC and their producer
guidelines.
[Insert details]
Stage 3 : Assessment
The Evaluation Team will together review your responses to the Eligibility Criteria and, if
deemed eligible, will then review your response with regard to Production Experience, jointly
the Assessment Criteria.
Stage 4: Award
The successful suppliers will be contracted on the BBC’s prevailing long-form commissioning
agreement as amended, which shall contain the key contract terms laid out in Section C.
5SECTION C: THE CONTRACT
1.0 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 H&S approval prior to
contract and supplied the BBC with its production protocols including a risk assessment about
Coronavirus (Covid-19) risks in connection with the Programme;
1.2 In making the Inserts the Producer shall comply with the BBC Guidelines (see:
http://www.bbc.co.uk/commissioning/tv/production/articles/policies-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 (including all applicable Government Covid-19 Guidance and any BBC endorsed
pan-industry guidelines published in response to the Covid-19 pandemic);
1.3 The Producer and the BBC will need to agree the detailed Editorial Specification in the
form published on the BBC’s Commissioning Website:
(See http://downloads.bbc.co.uk/commissioning/site/Commissioning_Specification.docx)
1.4 Relevant personnel employed or engaged by the Producer and working on the Inserts may
be required to sign non-disclosure agreements with the BBC in connection with access they
are granted to any BBC systems or confidential information in the course of producing and
delivering the Inserts to the BBC.
2.0 FINANCE
2.1 Financial Terms shall reflect the set tariff model and the final volume of insert films
commissioned from the Producer
3.0 RIGHTS & REVENUE
3.1 Inserts are offered on BBC’s prevailing Terms of Trade, with the following amendment in
the Programme Production Agreement;
BBC Format:
If the format of any Film is replicated or created in whole or in part from a current BBC
format or new BBC idea, this will be confirmed with the Commissioning Editor and
recorded in the deliverables as set out in the Programme Production Agreement. All rights
and goodwill in the Format (including the Title) shall be owned by the BBC, and the
following provisions will apply to such Film (s):
The definition of “Distribution Rights” as set out in General Term 1 is amended to exclude
any form of distribution or exploitation of the Format (such as, for example, the Foreign
Version Rights).
General Term 16.1.2(i) is amended to replace “15% of Net Revenue or 20% where the BBC
has funded a Pilot” with “50% of Net Revenue”.
6General Term 16.1.2.(ii) is amended to replace “25% for Commercial Download Rights”
with 50% of Commercial Download Rights”.
General Term 16.1.2(iii) is amended to replace “25% during the Licence Period in relation
to exploitation in the UK” to “50% during the Licence Period in relation to exploitation in
the UK”.
An additional sub-clause shall be inserted into General Term 16 as follows:
“It is acknowledged and agreed that the Format of the Film belongs to the BBC and the
BBC hereby licences such Format to the Producer solely for the purposes of enabling the
Producer to fulfil its obligations and grant the relevant rights to the BBC under this
Agreement. For the avoidance of doubt, the Producer may not exploit or exercise any
other rights in the Format without the prior written consent of the BBC which it may
withhold in its absolute discretion.”
In respect of that Film, General Term 22 shall be replaced with the following:
“22.1 The BBC shall have the right to commission the Producer to produce and
deliver Further Programme(s) on the same terms as are contained in this
Agreement save for any variations to the Licence Fee (pro-rated as
appropriate) as may be agreed in good faith in respect of such Further
Programme(s).
22.2 The BBC shall notify the Producer of its intention to commission such Further
Programme(s) no later than 9 months from transmission of the Film, or 12
months from acceptance of Full Delivery whichever is earlier (“the Option
Period”)
22.3 In the event that:
22.3.1 the BBC does not notify the Producer that it wishes to commission the
Producer within the Option Period, or
22.3.2 having notified the Producer of its intention to commission the Producer
within the Option Period, the agreement to commission such Further
Programme(s) is not concluded within a timely fashion taking into
consideration the transmission needs of the BBC in relation to such Further
Programme (both parties acting reasonably and in good faith in conducting
such negotiations) the BBC shall be entitled to produce itself or commission
from another party such Further Programme(s) without prejudice to the BBC’s
rights and the Producer’s obligations in respect of the Film under this
Agreement.
4.0 PRODUCTION
4.1 The Producer will have free access to specific BBC Archive systems while contracted to
produce and deliver the Inserts for the purposes of producing and delivering that Insert. All
use of archive material will abide by the relevant Editorial Guidelines and guidance.
74.2 There are no material assets associated with the films.
4.3 The Producer will have access to BBC Archive footage for the purposes of producing the
Inserts on the following basis:
4.3.1 Producer will not be required to pay for Public Service Use of the Inserts;
4.3.2 Producer will be required to clear archive for commercial use of the Inserts
4.4 In the event that any complaints are made in connection with the Inserts, the Producer
will be available to prepare and submit evidence in accordance with the relevant BBC
Complaints Procedure.
5.0 DELIVERABLES
5.1 The BBC’s standard deliverables as can be found on the BBC’s commissioning website and
any costs associated shall form part of the production budget.
6.0 TERMINATION AND TAKEOVER
6.1 The BBC 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 BBC determines (acting
reasonably) that one (or more) of the Pre-Conditions set-out above are not being fulfilled.
6.2 The BBC’s standard rights of termination or takeover of production of the Inserts will apply.
7.0 QUERIES
7.1 All queries in connection to this process that Producers wish to raise prior to submitting
their response should be submitted to competitive.tendering@bbc.co.uk no later than 3
calendar days before the deadlines for submissions outlined above.
7.2 In the interest of fair competition, anonymised questions and responses will be circulated
to all applicants where the BBC considers it is appropriate to do so.
8.0 MODIFICATION AND WITHDRAWAL
8.1 The BBC may modify the process (including the timetable) at any time prior to the deadline
for receipt of submission. Any such amendment will be notified in writing to all prospective
suppliers. To allow time for such amendment to be taken into account, the BBC may, at its
discretion, extend the deadline for receipt of submissions.
8.2 Producers may modify their submissions prior to the deadline for receipt by giving written
notice to the BBC and resubmitted documentation as agreed with the BBC. No submission
may be modified after the deadline for receipt.
9.0 COMMISSION - CONTRACT AWARD
89.1 The BBC reserves the right to perform appropriate due diligence (including but not limited
to financial and health and safety assessments) at any stage of the process prior to the award
of a commission to a Producer.
9.2 The BBC will notify the successful Producers in writing. The BBC will notify the
unsuccessful Producers as soon as reasonably practical and within the timetable set out.
9.3 Any Contract resulting from the process will be between the BBC and the successful
Producers and will include the BBC key contract terms.
9.4 By making a submission, Producers confirm acceptance of the key contract terms subject
to any specific amendments requested in their submission and subsequently agreed by the
BBC.
9.5 This is a process to identify suppliers who can deliver content to the BBC for inclusion in
The One Show so it is unlikely that TUPE will apply.
10.0 FREEDOM OF INFORMATION ACT
10.1 As a public authority, the BBC is required to comply with the Freedom of Information Act
2000 (“FOIA”), which came into force on 1st January 2005. FOIA is intended to deliver greater
accountability for decisions and spending across the whole of the public sector. It requires
public authorities to strike the balance between achieving transparency and protecting
genuinely confidential or commercially sensitive information.
10.2 Producers should be aware that, under an FOIA request, the BBC may be required to
disclose information contained within the Pitch or future contractual information. Following
a request, the BBC may take the views of organisations submitting pitches into account when
making a decision on what information will be disclosed.
If you would like further information on the Freedom of Information Act please see:
http://www.bbc.co.uk/foi/
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