RADIO COMMISSIONING FRAMEWORK. Commissioning Brief

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1 RADIO COMMISSIONING FRAMEWORK Commissioning Brief 1 Commissioning Brief No: 31242: Drama on 3 Production of programmes for April 2018 to March 2019 (although some proposals may be commissioned ahead for April 2019 onwards) V4.1 Last updated 27/0417 HH

2 CONTENTS SECTION A: EDITORIAL OPPORTUNITY... 3 SECTION B: THE COMMISSIONING PROCESS TIMETABLE THE THREE STAGES SECTION C: FULL PROPOSALS WHAT WE NEED FROM YOU WHAT TO EXPECT FROM US IMPORTANT POINTS TO NOTE SECTION D: COMMISSION AWARD NOTIFICATION KEY CONTRACT TERMS DUE DILIGENCE MODIFICATIONS ACCEPTANCE AND REJECTION OF COMMISSIONING BRIEFS COSTS ASSOCIATED WITH OFFERING A PROPOSAL PUBLICITY USE OF BBC LOGO INDUCEMENT SECTION E: KEY CONTRACT TERMS PRE-CONDITIONS FINANCE CONTRACT RIGHTS AND REVENUE PRODUCTION DELIVERABLES TERMINATION AND TAKEOVER APPENDIX 1: ABOUT THE BBC APPENDIX 2: BBC RADIO VISION / OBJECTIVES of 22

3 SECTION A: EDITORIAL OPPORTUNITY Commissioning brief no : Drama on 3 Commission contact Matthew Dodd Duration (although 90 is usual) Number of programmes available 21 Transmission period Mostly April 2018-March 2019, although some will be commissioned ahead for April 2019 onwards Guide price per episode 15,000-18,000 per hour Commissioning Round 2018/2019 Round 1 Editorial Opportunity Drama on 3 is Radio 3 s weekly drama showcase. At its heart are classic and modern stage plays; major new plays from leading and emerging writers; radio versions of acclaimed current stage productions and international drama in translation. Drama on 3 follows the philosophy once laid out by the novelist EM Forster The Third Programme does, or should do, the unexpected Janus like, it gazes with tranquillity into the past and with ardour into the future. These plays are a central part of Radio 3 s mission: Connecting audiences with remarkable music & culture Exploring human experience Believing that music and culture enrich life and help us understand, engage with and appreciate the world better Main Editorial Brief The key qualities: This is event drama. Drama on 3 should be one of Radio 3 s stand-out moments of any week. The plays we commission here have to catch people s imagination and then hold their attention for a full 90 minutes. Every broadcast in this slot is Radio 3 s play of the week. Audiences need to want to make a date with the titles we offer and keep coming back. 3 of 22

4 20 per cent of Drama on 3 listening is now done on-demand online one of the highest proportions of any radio programme on BBC stations. But the fluctuations between productions are large so each play has to earn that audience. We need to know how you will do that. Late Night drama: This is a place for plays for grown-ups. We re on air at 9pm, we expect the subjects, the dialogue, the emotional complexity, and the intellectual curiosity of late night drama. Psychological sophistication: The plays here are usually 90 minutes long. Some are two hours or more. In that time we expect characters who change and develop, and actor portrayals that are nuanced and intriguing like any powerful stage play. Please avoid stereotypes, clichés or shorthand caricatures. Strong casts: Drama on 3 is a place for great actors new and established. This is a place for high profile actors to take the parts that stage and screen won t allow them. Nobody should be phoning in their performance when this is our play of the week. What we re looking for: Classic Plays reinvented for 21st century radio We re looking for fresh and innovative productions of the great plays of world theatre. They need to appeal to today s audiences. They might be re-written to increase impact; they could be radiophonic versions that re-imagine the plays for today; or they could feature high profile casts who act as a make-a-date bridge into historical pieces. They are always superb high quality programmes. By radio standard, these works are sometimes very long. They are big and bold statements about what Radio 3 offers to audiences. We need to know that your proposal will keep listeners engaged and that your version will feel like a significant moment in the history of productions of this work. Think twice before you offer a lesser-known work by a leading playwright. How recently has Radio 3 produced their best-known works? Maybe we should be offering that instead? And avoid proposals which are obviously standard re-hashes of old favourites. We need to know what you the production team are going to add to an established work. But at the same time, we re not only reflecting the theatrical canon we aim to push at its boundaries. Are there works from different times and different parts of the globe that you can make resonate and surprise today s audience? We re also looking for innovative rediscovery of existing plays but they need to be forceful and newsworthy revivals, rather than interesting curiosities or neglected classics. In line with Radio 3 s objective to rediscover unjustly neglected female composers from the past, we re interested in hearing about historical female playwrights who you think you can turn into thrilling radio drama. 4 of 22

5 Younger audiences Drama on 3 is looking to attract replenisher audiences (35-54) without losing its sophistication, its commitment to historical plays and theatrical innovation. We re looking for ideas that directly address this audience, not just might reach them as an added bonus. We d like to discuss with you writers, storylines and formats that are going to achieve this. Recent successes in this field have tackled contemporary subject matter and have drawn on genres like the ghost story and the psychological thriller to create compelling plots. We are open to new ideas about how we use the R3 drama slots to make it more flexible: we ve been commissioning 5-part series that run in the weekday Essay 2245 slot before being repeated as an omnibus on Sunday. We d like to do more of these. We ve divided the Sunday evening into three plays of 30 minutes by lesser-known writers from abroad. We re looking for further formats of this kind. Perhaps you have an idea that you assumed wasn t right for Drama on 3? Now that you ve read the guidelines perhaps we should talk about it after all? Digital and sonic innovation The digital importance of Drama on 3 is vital and growing. 20 per cent of all listening to this slot is now online. When pitching and producing programmes for Drama on 3, we need you to think about its online presence. The minimum requirement for any commissioned programme is an arresting and pithy description that works well on the programme website; clear metadata; strong photographs of the cast recording where realisable and possible clip requirements. These core components are essential for any new play. However, we are looking for some key drama commissions which could work harder online and become available as long-term podcasts. If you ve got a project that will have clearable rights then please let us know. We re looking for head-turning, effective ideas. At the point of commission our digital editor will look at the slate and assess the potential for any additional digital content. The supplier of the programme will have the first option to offer to supply this if it is required and if you have the capacity and expertise. But we are interested in trying new things, in challenging the way we broadcast in order for Drama on 3 to reach out to new audiences. Alongside this, Radio 3 is committed to technical innovation in its broadcast quality, including the introduction of lossless sound. For Drama on 3, this has meant increasing numbers of binaural productions, including our first binaural Shakespeare 5 of 22

6 play. We re interested in commissioning further sonic innovations, fresh ways to develop binaural recordings and in commissioning more plays which put at their heart an adventurous sonic landscape. New writing We re looking to commission major new plays from the best writers in British drama both the existing titans and up-and-coming voices. Drama on 3 offers at least 90 minutes of air-time to writers who want to tell a thrilling story that needs time and space to develop. For the established writer, this should be a chance to realise a passion project. For brand new writers, we re looking to find fresh ways of segmenting the drama on 3 slot so that we can make space for a variety of new voices. We re also looking for a number of works that offer a radical challenge to received ideas about radio drama. These might be collaborations with leading artists, poets, musicians or sound designers but they will bring together innovative ideas about format without abandoning a sense of the importance of the listeners experience. This is a chance to create a radio work with the now-established creators of immersive or site-specific theatre or to collaborate with digital partners. Stage Transfers Radio 3 is a station for the performing arts, with concerts, operas, poetry readings all integral features of our output - and Drama on 3 aims to reflect the best of what s happening in Britain s flourishing theatres. In particular, we want to bring exciting newly-written plays to our broadcast audience from both the West End and studio venues. Our priority is for fairly fast turn-around recordings that are made to ensure core cast members can be put on air. But we are also open to new radio productions of recent stand out plays which will bring the play to a broader audience. But these do need to be very strong plays, not quite interesting ones. We will transfer classic plays if they offer unique casting or production styles that provide an unmissable opportunity for listeners. Transfers can be offered ahead of their run within the commissioning round, or they can be proposed throughout the year. Partnerships: We re also interested in developing on-going partnerships with leading theatres and performance companies that could involve bringing their work to Radio 3 in innovative ways, or might mean collaborating on joint stage/broadcast works. This is a very open area. Please let us know your ideas even if they are at an embryonic stage. 6 of 22

7 Contemporary European Drama This is an area that is often neglected. We d like to address the paucity of contemporary European drama with new commissions but productions that offer strong propositions for the Radio 3 audience, and aren t just curiosities. These should be plays that travel easily and aren t meant to be beginner s guides to an unknown country - our interest is focused on the writing and the writers. We would also like to introduce UK audiences to writers whose works are well known in Europe but unjustly not so well known here. We ve already looked at translating some works that aren t yet available in English, based on sample sections. Long Poems and readings We ve commissioned a number of long poems and extended readings in this slot and we are now keen to do more. We re looking for classic poems but not overfamiliar or often-quoted works. These need to be long works that take full advantage of the Drama on 3 slot. Some have run at 100 minutes or more. They need imaginative and contemporary treatments, with, for example, music, archive and additional voices included. The poems can be narrative or non-narrative, and can be challenging language but must be attractive propositions as programmes. We expect high profile readers who will draw the audience to poems they have not heard in full. Specials We re looking for special seasons for Radio 3 which put Drama on 3 at their centre. Seasons on Anthony Burgess, Arthur Miller, Franz Kafka and obviously Shakespeare have all used this slot to offer something epic to audiences. Now we re looking to widen the possibilities to topics that use drama to draw in the audience. This isn t always about volume it can be about a single ambitious commission around which other programming can coalesce. It can be about unusual scheduling of the drama. It can about a collaboration that makes waves. We re also always looking for great new plays about classical music. But too many of these proposals have focused on great historical composers. We re keen on finding new ways of representing music in the contemporary world new stories that have music at their heart, use music in their production, but aren t biographical journeys of the great and the good. In recent years we ve invited guest performers to curate Drama on 3, Kwame Kwei- Armah, Mark Ravenhill and Harriet Walter have all done so. We d like more ideas on how Drama on 3 could collaborate with high profile actors, directors, writers and other practitioners working in the stage-world to showcase radio drama. 7 of 22

8 Some stand out moments from last year: Oedipus the King: A thrilling resurrection of an over-looked play by Anthony Burgess with Christopher Eccleston, Fiona Shaw and the BBC Philharmonic. At the heart of a special season of Burgess at 100. Sonnets in the City: Five up and coming writers transformed Shakespearean sonnets into edgy stories set in modern-day Manchester. Broadcast first as 5 x 15 minute dramas. Wolf in the Water: Naomi Alderman s new play which picked up the characters of the Merchant of Venice years after the events in the original play. The Stroma Sessions: Radio 3s first ever 5 x 15 serial broadcast across a week. A ghost story about contemporary musicians. The Government Inspector: Lenny Henry and Roger Allam led a brilliant comic cast in a classic. King Lear: Ian McDiarmid as Lear in a Scottish version with acclaimed delivery of Shakespeare s language for radio. A Play from the Heart: The death of Shakespeare. Sophisticated and clever way of marking Shakespeare s 400. Mary Rose: Compelling adaptation of JM Barrie s ghost play with near-perfect use of music. Autumn Journal: Colin Morgan read Louis MacNeice s poetic rumination on the events of 1938 in a magnetic two hour version. A Streetcar Named Desire: A radio version starring Anne Marie Duff which could compete with any of the West End and Broadway stage revivals. Jenny Lomas: David Eldridge s new surveillance drama was an impressive first step for Drama on 3 into psychological thrillers and something we d like to build on Radio Beckett: An evening of new productions of early Beckett radio drama, recorded in binaural sound. What to avoid: Adaptations from novels: They are not our main focus and where we do them they have to be big, bold and different. Classic plays we re done recently: Please consult the accompanying list. Minor historical plays which are chiefly of interest in relation to better known plays, rather than as works in themselves. 8 of 22

9 Plays which are quietly interesting : we need to make more impact than that on audiences. History and biographical plays which are chiefly dramatisations of historical events, rather than authored works about characters. Your proposal We re introducing short proposals for Drama on 3 for the first time. These don t need to be a summary of your full proposal. We ve allowed a window of only 2 weeks for this stage in the process as an indication of the fact that all we need is your title, a plot indication if necessary and a précis of why you want to bring it to Drama on 3. Full proposal: Don t spend too much time saying why the play is historically significant; instead say what you would do with it. Successful proposals will make the case for a new production of the play, and must include the main features of your new interpretation. Key casting suggestions will influence our selection of course, we don t expect these to be confirmed but we are looking for striking, imaginative or high-profile casting ideas. Please give an indication of the extent of adaptation proposed, any particular challenges it raises, and whether or not the adaptation will be done by the producer or by another writer (and if by another, your reasons). If the proposal is based on an existing script this must be submitted at the same time as the full proposal (please do not leave this for the commissioning team to chase up). Please send written material as hard copies (ie, already printed out) and audio material as MP3 files (either by or by WeTransfer). Please also label such material with the title of the offer, commissioning brief and return address details, and complete and attach the supporting material inventory form which can be found on the commissioning website. Please send all these items to Lea Lauvray at Rm 4028, Broadcasting House, London W1A 1AA or to lea.lauvray@bbc.co.uk. If the proposal is for new writing please include details of the writer s previous work including any radio commissions, and it will strengthen your proposal if you submit an example of this work. If you want to work with a specific composer please give details. Introduction to the Play We now regularly use informal, unscripted two-minute introductions before Drama on 3, usually from the director or writer. If your proposal is conditionally commissioned we would expect you to discuss the introduction with the commissioning editor and if necessary factor it into the final budget and duration. 9 of 22

10 Editorial Compliance If the play involves the portrayal of real people, strong language or other major editorial issues, this must be made clear in the proposal. All proposals should include details of the proposed Editor/Executive Producer who will be responsible for compliance. Budget The guide price for Drama on 3 is between 15,000 and 18,000 per hour and we will be looking to commission programmes at different points along this scale. Please submit a price (you can now do so in the Price per episode field) that is realistic for your proposal, with justification if necessary. At the point of commission a formal price offer will be made which, if accepted, will result in a contract being issued immediately at that price, without the need to have budgets analysed and approved. Credits Closing announcements and cast details at the end of the play must be recorded and included within the duration of your drama. If they are not, and this omission has not been agreed with Radio 3, we will expect a new version to be delivered. There is more flexibility with the start of plays. We would prefer plays to begin with an opening sequence which gives the title and writer but this opening sequence cannot be a plain reading by a single voice, since this is too similar to continuity. It might include a music bed or sound effects to establish the sound world of the drama. Listeners now hear Drama on 3 in a variety of digital formats and we cannot be sure they will hear the continuity announcements. Duration Please try and include a realistic estimate of duration in your offer. We will confirm the duration and slot with you when we agree the budget and confirm the commission. The total length of the recorded play and any live announcements will be one minute less than the overall slot i.e. a for a 90 minute slot we require a total of 89 minutes including announcements. Radio 3 s schedule does give us more flexibility to accommodate changes to the original estimate if these are raised with us at least 8 weeks ahead of broadcast. We hope to offer listeners as full an experience of stage plays as possible. Although these may often be edited as part of the adaptation on editorial grounds we hope to avoid the editing of stage plays simply to fit a slot. 10 of 22

11 After commissioning any requests for a variation on the agreed duration must be raised with Matthew Dodd and David Ireland as early as possible and agreed in writing. All proposals must be submitted via Proteus. All proposals must first go through the short proposal stage please complete your short proposal using no more than 250 words (in the short synopsis section of the Proteus submission form). COMPLIANCE AND BBC EDITORIAL GUIDELINES You will be required to deliver programmes that are in line with the BBC s Editorial Guidelines and be able to adapt to the BBC s changing editorial and business needs during the period of the commission. THE EVALUATION TEAM The following people will evaluate your proposal: Matthew Dodd, Head of Speech Programmes, Radio 3 Alan Davey, Controller, Radio 3 David Ireland, Commissions and Scheduling Manager, Radio 3 Subject matter experts (e.g. production experts, network management, finance, etc.) may also be consulted. See Section B for information on the commissioning process, timetable and assessment criteria. 11 of 22

12 SECTION B: THE COMMISSIONING PROCESS 1. TIMETABLE The commissioning process consists of three stages, as set out in the timetable below. Stage Timings (all midday) Activities Commissioner Opens Round 1. Short Proposal and shortlisting 25 May 2017 Publish commissioning brief documentation and open round in Proteus. 8 June 2017 Deadline for Short Proposal submitted via Proteus 15 June 2017 Commissioners shortlist proposals and producers notified of outcomes. Full proposals requested from those proceeding to next stage 2. Full Proposal 20 June 21 July (Tues pm; Thurs am & pm; Fri am) Opportunity to discuss programme brief with commissioning editor prior to submitting full proposal. 3 August 2017 Deadline for full proposals submitted via Proteus. 3. Conditional Commission offered 13 October 2017 Commissioning decision made, subject to contract. Editorial specifications agreed. Feedback submitted on Proteus. We will assess your proposal(s) according to this timetable. Late submissions can not be accepted. If you have any questions about this commissioning brief that you need answering before you submit your short proposals, please ensure you send them to david.ireland@bbc.co.uk by 1 June. 12 of 22

13 2. THE THREE STAGES STAGE 1: SHORT PROPOSAL Step 1 Complete a short proposal in Proteus. Please note only the first 250 words of your short proposal will be considered. Ensure you use your word count wisely - describe your ideas and vision for the programme rather than quoting the brief back in your answer. Step 2 The short proposals will be evaluated by the team Step 3 You will be notified of the outcome. If you are proceeding to next stage, you will be asked to make a full proposal. No feedback will be provided for unsuccessful suppliers at this stage. STAGE 2: FULL PROPOSAL Step 1 Producers proceeding to the full proposal stage will be invited to provide a full proposal responding to this commissioning brief, which includes all the elements outlined in Section C paragraph 1 ( Full Proposal ). Step 2 Producers will be offered the opportunity to discuss the programme brief with the commissioning editor prior to submitting full proposal. Step 3 We will evaluate all full proposals against the editorial brief, as given above, and commission those we feel most successfully fulfil the brief and help to make up the most varied and balanced season of Dramas on Radio 3. Step 4 Producers who are successful will be notified on Proteus. Feedback for rejected proposals will be also be given here. Further feedback can be requested at a later stage. Note: 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 See section D Commission Award. 13 of 22

14 SECTION C: FULL PROPOSALS 1. WHAT WE NEED FROM YOU You should submit a written proposal via Proteus adopting the following structure: Part 1 Your detailed full proposal, showing your response to the BBC s requirements outlined in Section A of this commissioning brief. Part 2 a section containing the following information: (i) 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). (ii) Location of production [specify any location pre-conditions, e.g. relating to talent or strategic objectives]. (iii) 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. (iv) 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 o o o responses on behalf of each partner details of the responsibilities of each partner an outline of the main personnel who will be responsible for the production and delivery of the programme An explanation of how working in partnership would be successfully achieved, including a proposed legal structure (e.g. one lead contractor and sub-contractors). Appendix A Confirmation of acceptance of the BBC s key contract terms (see Section E). Appendix B Risk management. You should identify specific risks and the processes or systems that will be put in place to manage the identified risks. This section should also include a detailed transition plan and an explanation of how you will manage the transition from the current to the new production of the programme, with minimum disruption. Appendix C Company policies. This part of the response should include: Evidence of your diversity and inclusion policy Evidence of the existence of other company policies listed in Section E. (Note: the BBC will not be undertaking a detailed review of the policies themselves as part of the evaluation, it will be assumed that they comply with BBC requirements). As with the short proposal, if you have any questions that you need answering before you submit your full proposal please ensure you send them to david.ireland@bbc.co.uk by 24 July. 14 of 22

15 2. WHAT TO EXPECT FROM US NOMINATED REPRESENTATIVE The BBC s nominated representatives for this commissioning brief are: Matthew Dodd and David Ireland. 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 ll 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 s 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 Section 2, paragraph 5, 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 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 achieving 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 proposal 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 D, paragraph 6 below, you submit responses to this commissioning brief and take part in this process at your own cost. 15 of 22

16 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. 3. IMPORTANT POINTS TO NOTE Proposals must be submitted in accordance with the following instructions. Proposals not complying with these instructions may be rejected by the Commissioner whose decision in this matter will be final. All proposals should be submitted using Proteus. Full proposals must be received no later than midday (12:00) on the dates set out in the timetable set out in Section B, paragraph 1. We strongly advise you to submit your final responses in good time to avoid the possibility of difficulties caused by unforeseen network or transmission problems. No late submissions will be accepted. 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 that is found to either: a) have provided information which is untrue, or b) be in breach of any of the terms of the non-disclosure agreement. The BBC may modify the commissioning brief (including the timetable as outlined in Section B paragraph 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 E). 16 of 22

17 SECTION D: COMMISSION AWARD 1. NOTIFICATION If you are awarded a commission, the Commissioners will notify you on Proteus. 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 E) 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. 17 of 22

18 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. 18 of 22

19 SECTION E: KEY CONTRACT TERMS The successful producer will be the producer of the programme ( Producer ). The contract shall be awarded for the programme 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 revetted 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, 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 Section A of the commissioning brief 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 special terms contract. 4. PRODUCTION 4.1. The producer will comply with any reasonable transitional arrangements as may be required by the commissioner to facilitate a smooth handover of production of the programme from the incumbent production team 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. 19 of 22

20 5. DELIVERABLES 5.1 The provisions set out in the Editorial, Technical & Delivery and Financial sections of the requirement in Section A shall be reflected as terms of the contract. 6. TERMINATION AND TAKEOVER 6.1 The BBC shall have the right to terminate and/or takeover 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. 20 of 22

21 APPENDIX 1: 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 % 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 to the BBC 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 (See Appendix 3). For further information on the BBC s business activities, please visit BBC Radio's commissioning website. 21 of 22

22 APPENDIX 2: BBC RADIO VISION / OBJECTIVES 22 of 22

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