CONTRACT NOTICE – NATIONAL

1 Authority Details

1.1

Authority Name and Address

1.2

Address from which documentation may be obtained

1.3

Completed documents must be returned to:

2 Contract Details

2.1

Title

Legal, Policy and Compliance Support Service for S4C Content

2.2

Description of the goods or services required

S4C is the only Welsh language television channel in the world and one of the UK's five public service television broadcasters. It is an independent broadcasting authority established under the Broadcasting Act 1981, and regulated by the Communications Act 2003 and the Broadcasting Act 1990.

S4C provides a broad range of high quality and diverse programming. The channel airs over 115 hours of Welsh language programming each week. In addition to the above the S4C programme content is available to watch live on the S4C website and as a catch up service on the S4C website and the S4C mobile app, via the BBC iPlayer and on YouView, Smart TVs, Sky, Freeview and many other platforms.

S4C is uniquely funded through a mixture of grant in aid, commercial revenue and licence fee contribution from the BBC. In addition the BBC supplies ten hours a week of programming funded from the licence fee.

The Service being tendered will require the supplier to provide the following to support programme producers that provide programmes to S4C within a legal context:

• advice in relation to all legislation, policies (including S4C policies), relevant codes of practice (including practical application of the Ofcom Code) and operational guidelines relevant to the production of audio-visual content including, without limitation, matters in relation to health and safety, data protection, copyright, the Working Time Directive, pensions legislation, bribery legislation, contracting and protecting children and vulnerable people and programme/legal compliance issues including ensuring effective dissemination of regular updates on new or changing legislation, codes or guidance.

• comprehensive and accurate information and advice regarding the full range of contractual arrangements between production companies on the one hand and rights holders/contributors to content on the other and guidance on how practically to ensure clearance of all appropriate rights and all appropriate consents for S4C programmes in accordance with S4C licence agreements including advice on competition rules, data protection contracts and clauses which ensure the appropriate consents for the processing of data;

• a bespoke and standard contract service (including an up to date precedent bank) across production companies’ production and engagement activity which reflect S4C’s contractual and other requirements including contributor contracts (with appropriate consent and data protection clauses), location agreements, photographer agreements, cast and crew agreements, writers agreements, musicians agreements and competition terms and conditions;

• promotion of good industrial relations in the sector and the maintenance of relationships with the unions (currently WGGB, Equity, BECTU, MU and DUK) and collection societies (e.g. MCPS, PRS, ALCS or others) that represent contributors to content or third party rights holders; represent the independent sector and S4C’s requirements during discussions on engagement and licensing arrangements (including rights and fees frameworks) with unions and collection societies both on standard terms and bespoke terms, where appropriate, to take into account new rights requirements and/or rights for special projects;

• advice in relation to contractual, employment and business affairs matters;

• an information, advice and support service in relation to agreements with unions and collection societies and in relation to the precedent bank referred to above;

• an active advisory and resolution service in relation to any contractual disputes between the production companies and those they engage whether by agreement, conciliation, mediation or arbitration, acknowledging the individual’s right to have representation;

• promotion of good practice across all production, contractual and employment activity;

• provide guidance and encouragement to the independent production sector to incorporate diversity and equal opportunities across all aspects of engagements;

• participation, where appropriate, in S4C briefing sessions to the sector.

The successful applicant will be required to provide a Service that can offer the following features, standards and skills:

- a thorough understanding of S4C’s requirements as commissioner and as a public service broadcaster;

- a purposeful industrial relations service for the sector, proactive, professional, intelligent and bilingual (Welsh/English);

- comprehensive information that is communicated effectively in both English and Welsh and is accessible to all S4C producers;

- understanding of the labour and rights agreements for the sector – in Wales and beyond, past and present;

- strong negotiating skills;

- a transparent, accountable and accessible service which responds quickly and accurately to the needs of users and shows flexibility;

- a completely confidential service, where the team will act with integrity and impartiality;

- a service that delivers advice of the highest quality;

- a service that is representative for all companies that are commissioned to produce content for S4C.

NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site at http://www.sell2wales.gov.uk/Search/Search_Switch.aspx?ID=31508.

2.3

Notice Coding and Classification

2.4

Total quantity or scope of tender

A maximum of GBP180,000 over three years

3 Conditions for Participation

3.1

Minimum standards and qualification required

4 Administrative Information

4.1

Type of Procedure

Single stage

4.2

Reference number attributed to the notice by the contracting authority

N/a

4.3

Time Limits

4.5

Language or languages in which tenders or requests to participate can be drawn up

Welsh

4.6

Tender Submission Postbox

5 Other Information

5.1

Additional Information

S4C shall not be bound to accept any tender and reserves the right: a) to withdraw from and/or abandon and/or defer this procurement at any time; and/or b) not to award any contract as a result of this procurement.

For further information concerning S4C’s requirements and this tender process please refer to the Invitation to Tender, a copy of which can be obtained via the S4C website (www.s4c.cymru) by clicking on “tenders” and following the link.

Candidates must obtain and complete the Invitation to Tender available at http://www.s4c.cymru/tendrau/e_index.shtml The ITT will be available on the S4C website as a Word document in both English and Welsh within 48 hours of publication. Applications not submitted in accordance with the ITT will not be considered.

S4C reserves the right not to proceed with the award of this contract at any stage of the tendering process and not to accept any tenders submitted.

Freedom of Information

S4C is subject to the provisions of the Freedom of Information (“FOI”) Act 2000. Information supplied by any candidate to S4C may be disclosable by S4C under the provisions of the FOI Act. If any candidate considers that any information supplied by it to S4C pursuant to this Contract Notice is commercially sensitive or confidential in nature, this should be highlighted explicitly and the reasons for its sensitivity set out in full in the tender response. This will enable S4C to take account of such sensitivity or confidentiality in deciding whether to release the information in response to freedom of information requests. However, candidates accept that S4C may disclose such information in response to any request under the FOI Act if S4C determines that it is appropriate to do so.

Data Protection

Candidates authorise S4C to process all information provided as part of their application and confirm that they have obtained all necessary third party consents to enable S4C to do so.

(WA Ref:31508)

5.2

Additional Documentation

5.3

Publication date of this notice