Writing: Making Your Mark
Exhibition Summative Evaluation Brief
Contract Number 001274
1. Introduction
Between 26 April and 27 August 2019 the British Library is staging a major exhibition on the evolution of the act of writing. This is a charging exhibition in the larger of our two exhibition spaces, and is expected to attract at least 50,000 visitors.
External support is needed from a research agency to plan and undertake summative evaluation of this exhibition throughout its run, in order to gather essential audience data and information around the reception of the exhibition.
2. Exhibition overview Writing surrounds us in the modern world – but how did it develop into the systems we use today, and given the technological developments of the 21st century, what does its future hold?
Writing: Making Your Mark is a major exhibition celebrating the act of writing across the globe. It explores the history of writing using more than 100 objects from the last 5,000 years in order to start thinking about its future. Objects range from Ancient Egyptian stone inscriptions and medieval manuscripts to well-known examples of early printing, modern handwriting and digital inputting systems. Themes range from the origins of writing and the development of tools and crafts, to communities of writers and writing’s different purposes. Through audio-visuals and interactives, visitors will be given the chance to immerse themselves in the story of writing and offer their own thoughts on its future.
The body of the exhibition is split into 5 parts – the Origins of Writing, Writing Systems and Styles, Materials and Technology, People and Writing, and finally The Future of Writing. The final part of the exhibition asks visitors to reflect on where they think writing is going and respond to an interactive which asks what medium they will send a birthday card in in 50 years’ time.
3. Exhibition objectives, messages and audiences
Exhibition content objectives • Celebrate writing in its many forms – showing a wide geographical spread as well as documenting writing’s many iterations through five millennia – drawing on the full breadth of the British Library’s collections. • Create a sense of intrigue and curiosity around the vast evolution of this everyday skill. • Encourage visitors to reflect upon the act of writing as something that has continually adapted over time to meet the needs of the people who use it
1
• Engage visitors with current debates around the future of writing and ask them to consider how they might be able to shape it. • Create an exhibition that has the potential to tour to UK and international venues.
Visitor outcomes
Visitors will: • Be challenged on their preconceptions about writing’s decline in the digital age. • Learn more about the vast varieties of writing systems from across the globe and their origins. • Be encouraged to consider their own relationship with writing and its role in society. • Appreciate the beauty of writing where functionality and art intersect. • Become actively involved in the story of writing and feel empowered to enter the debate about its future.
Key communications messages
Overarching campaign message: “From hieroglyphs to emojis, clay tablet to digital, explore the evolution of one of humankind’s greatest achievements – speech turned into symbol.”
Other key messages: • In bringing together a unique collection of items, from a never before seen Mayan stone inscription and ancient Chinese oracle bones to examples of braille and digital technologies, this exhibition examines the act of writing like never before: by charting its evolution through technology and innovation. • Beginning by looking at writing’s origins in – Egypt, Mesopotamia, China and the Americas – and traversing through its many iterations, purposes and forms, the exhibition demonstrates how writing has continually enabled human progress and asks visitors to consider where we would be without it. • The breath-taking scope of material in this exhibition – spanning five millennia and five continents – means that famous hands, including a Japanese Empress’s calligraphy and the final diary entry by Scott of the Antarctic, sit alongside tools belonging to anonymous individuals which will be seen in new light, from Burmese tattooing instruments to an ancient Greek school book. • The exhibition explores how the individual choices we have made over thousands of years have been the driving force behind each step in writing’s evolution. By reflecting on 5,000 years of history, the exhibition demonstrates that the writing traditions of civilisations past continue into the writing practices of today.
2
• Visitors will be invited to consider their own relationship with writing in the digital age. Will we abandon pens and keyboards in favour of voice-activated machine writing, or continue to carry the legacy of ancient times with us? • This exhibition challenges us to deconstruct the act of writing: the tools we use, the skills we foster, the craft we contribute to, the marks we make. Each new iteration of a writing system opens doors to innovation, expression and art. Items as diverse as petitions and propaganda, iconic fonts and beautiful calligraphy, illustrate how writing allows us to enact change and make a lasting mark of our own. • With many objects on display for the first time – including the oldest item recently discovered in the Library’s collection, a 3,600-year-old Egyptian prayer inscribed in stone – and examples from over 30 different writing systems from Greek and Arabic to Ethiopic and Korean, this exhibition showcases the rich content that lies in the British Library’s archives and its extensive expertise.
Target audiences
Primary
Culturally Curious – will be looking for an exhibition to visit without it being specific to their interests. They are regular culture consumers who skew towards art exhibitions, gigs and films. They will be likely to attend most of the ‘big’ summer exhibitions in London.
British Library Loyalists – regular British Library exhibition goers who want to see fascinating and awe-inspiring items. They will expect a certain level of nitty gritty detail from the Library; they enjoy learning facts and figures.
Design Fans – those who are interested in typography, in how the medium of writing has been adapted, changed, and been used in creative and innovative ways across the ages. They will interrogate the ‘craft’ and ‘skill’ and almost scientific aspects of this exhibition, as opposed to socio-historical facts and figures.
Secondary (considered only for the marketing campaign)
Specialist – academics with specialisms in the periods of ancient history explored in the exhibition. Those with interest in particular skills explored in the exhibition e.g. calligraphy.
Groups and travel trade – special interest groups eg local history groups, art groups etc; tour operators and agencies looking for must-see exhibitions to package with accommodation or travel, or to re-sell independently; local hotels seeking offers to enhance accommodation packages.
3
4. Requirement The British Library seeks to commission a summative evaluation of the exhibition that explores audience demographics, motivations, sources of information, behaviour, satisfaction, emotional outcomes and value for money. It would be desirable to cross-reference with these findings where possible, particularly by audience segments and demographics.
5. Methodology
The British Library is open to proposals on the best methodologies to meet the research objectives set out below, while offering value for money. We would like your proposal to address the following questions about your methodology:
• How would you incorporate data from previous paid exhibitions? • How will you measure brand perception pre and post visit? • How would you link marketing activity to key metrics such as visitor numbers, ticket sales, website visits etc?
6. Research objectives We would like to capture the following information through this evaluation:
a) Visitor demographics and history • Who visited? Did the exhibition attract the target audience? • Did they visit with children? • What proportion were new audiences to the Library and our exhibition programme, versus repeat visitors?
b) Pre-visit expectations & awareness • Source of information about the exhibition • Recall of the marketing creative and key communications messages • Motivations – what prompted them to come/what they were attracted by • Pre-existing knowledge – were they prompted to come because of a specialist interest or because they work in a related field eg designer, illustrator, calligrapher? • Were expectations met? • Was the exhibition a driver for visits to the Library? Was it the main reason for visiting? • Did they know about the exhibition before their visit?
c) Behaviour • Dwell-time
4
• Route through exhibition – did visitors follow a route or browse? Did they unconsciously or deliberately miss out any sections? • What else did they do during their visit to the Library? d) Exhibition content • Did the content meet visitor expectations? • Did the structure of the exhibition work? Did the sections and sub-sections make sense to visitors? • Which sections were most engaging? • What did visitors like or dislike? • What would visitors have liked to see more/less of? • What areas were they most fascinated/bored by? • Was the content what the visitors expected? Was the range of topics covered wider or narrow than expected? • What were the highlights of the exhibition? Any weaknesses?Did visitors appreciate the mix of material (books and manuscripts, ancient and modern, familiar vs. unfamiliar writing systems) on display? • Did they feel comfortable with the types of items on display? • Did different exhibits/themes appeal to different age groups? e) Design
• What was their overall impression of the design? Did it help with the messages of the exhibition?
• Do you think the look and feel of the exhibition space reflected the content?
• How easy was navigation and accessibility? Was the route clear? • Did visitors experience pinch points where the exhibition was too crowded? • How did visitors find the size of the exhibition space? Was it smaller/larger than expected? (to measure impact of the exhibition gallery split) • Did visitors interact with the tactile elements of the exhibition?
• Any other issues on the exhibition design in general? f) AV Content
• Did visitors engage with the exhibition AV?
• Did they watch all/most/some of the films?
5
• Did they play all/most/some of the games? Which did they like/dislike most?
• How did they rate the AV?
• How did the AV enhance/detract from the experience?
• Was there anything in particular that the visitors felt informed or conflicted about?
g) Interpretation
• Was the written interpretation (panels, labels etc) considered suitable? In particular we would like to understand how visitors found the exhibit labels which are shorter than in previous exhibitions • Accessibility and legibility of information • Did visitors get the message about writing continually adapting over time to meet the needs of the people who use it? h) Post-visit and outcomes • Who did visitors feel was the target audience for this exhibition following their visit? How did this compare to their pre-visit expectations? • To what extent did visitors feel the exhibition experience reflected the exhibition title and marketing creative? • Have visitors been inspired to find out more / buy the exhibition catalogue? What specific subjects will they explore further? • Have they been inspired to return to future exhibitions at the Library or to explore other areas of the Library? • Will they visit the accompanying web space on the British Library’s website? • Have visitors’ perceptions of the Library changed post visit? • What message did visitors take away from the exhibition? Did visitors get the message about writing continually adapting over time to meet the needs of the people who use it? • How has their view of writing changed following the exhibition? • What, if anything, will visitors do differently now that they have been to the exhibition? Have visitors been inspired to follow through by doing something about their own engagement with writing as a result of what they have seen e.g. improve their day-to-day handwriting, go to a calligraphy class, buy a good quality pen, handwrite more often, learn to read/write in a different writing system, try the texting function for Chinese/Japanese/Korean on their smart phone, try out the voice-to-text function on their laptop, etc? • Have they attended any of the related Writing themed events? (a list can be supplied)
6
• Were exhibition objectives and visitor outcomes met? • Would they recommend the exhibition? Please collect as Net Promoter Score.
i) Value for money
• Did visitors find the exhibition to be good value for money?
7. Considerations
Rolling exit surveys are already conducted at the Library for general users who may include exhibition visitors. Results are reported quarterly and some of this data may be used to feed into the summative evaluation. This includes demographic data about the Library’s users, behaviour during their visit (exhibitions visited, services used, purchases made etc), sources of information for their visit, motivations and satisfaction.
Currently the Library does not have a segmentation system, although we have recently completed a total audience view project which has started to group Library users in four broad clusters based on frequency of visit and level of engagement. At this stage, however, we do not have any golden questions by which to segment our audience in more depth.
Deliverables
We are seeking a consultant or agency to:
• Propose an appropriate methodology
• Conduct recommended fieldwork
• Analyse the collated data
• Provide an interim, light-touch report at the midway mark as a health check to see who is visiting, motivations, which sources of information are most successful, and overall satisfaction. This report should highlight any areas to be addressed during the exhibition run such as problems relating to visitor experience.
• Supply a final report outlining key findings, insights and recommendations addressing the objectives above
• Provide raw data tables in Excel with the interim and final reports, which allow for cross-tabulation.
8. Use of information Senior management and our curatorial and culture teams will draw conclusions to inform future projects, particularly around programming, target audiences and exhibition design. The marketing team will use the findings to inform future campaigns and wider projects around audience development.
7
Data may also be shared with sponsors and partners.
9. Timings
The exhibition opens on 26 April 2019 and closes on 27 August 2019.
It is expected that fieldwork will take place from the first week of opening in order to capture sources of information at launch when the exhibition’s profile will be at its highest. During the exhibition run fieldwork dates should cover both weekdays and weekends, term time and holidays, recognising that the profile and behaviour of visitors may differ according to the day of the week and time of year.
Interim report and data tables by 28 June 2019 Draft report and data tables by 27 September 2019 Final report by 11 October 2019 Presentation to project team and stakeholders in mid-late October 2019 (date to be agreed)
An indicative timescale for the procurement is as follows:
Description Target date
Publication of ITT 14 March 2019
Tender closes 26 March 2019
Contract award 29 March 2019
Work commences 1 April 2019
Kick off meeting with stakeholders 3pm, 2 April 2019
10. Budget Our maximum budget is £10,000 + VAT. Please provide a breakdown of costs with your recommended methodology.
11. Stakeholders Day to day management: Sarah Byrne Marketing Manager [email protected] +44 (0)20 7412 7858
Vicky Lee – Head of Marketing Campaigns Shoba Mistry – Head of Marketing Tharmalingam Rajukumar – Head of Data Analysis and Insight Conrad Bodman – Head of Culture Programme Susan Dymond – Interpretation Manager
8
Adrian Edwards, Emma Harrison, Michael Erdman, Peter Toth – curators
9
CORPORATE PROCUREMENT UNIT INSTRUCTIONS TO TENDERERS Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
1 INSTRUCTIONS TO TENDERERS
1.1 In order to assist you, the following documents are attached to this online Invitation to Tender: 1.1.1 Doc 1 – 001274 Instructions to Tenderers: 1.1.2 Doc 2 – 001274 Tender Brief 1.1.3 Doc 3 – 001274 Terms and Conditions 1.1.4 Doc 4 – 001274 Form of Tender 1.1.5 Doc 5 – 001274 Site procedures St Pancras 1.2 You must take note of and fully comply with the whole of this Invitation to Tender. Failure to do so may result in the rejection of your tender. 1.3 The applicable conditions of contract are attached; no other terms and conditions of business are acceptable. 1.4 Your tender must remain valid for 90 days after the tender closing date. 1.5 Amounts or quantities given in the Tender Brief or elsewhere in the tender documentation are not warranted to be accurate; these figures are given for guidance in tendering only. It will be the Tenderer's responsibility to satisfy themselves with regard to any quantities or amounts, which could affect the tendered price and rates. 1.6 A valid tender will comprise: 1.6.1 The completed Form of Tender with a full breakdown of your costs in Appendix 1 saved in MS Word document format with the filename "Organisation Form of Tender.doc" with the word Organisation being replaced by the name of your organisation. This document must be correctly attached to your online reply to the ITT as an ITT Reply File Attachment. 1.6.2 A Response to Requirements document. This will be a detailed response to the requirements described in the Tender Brief. This document must be correctly attached to your online reply to the ITT as an ITT Reply File Attachment. 1.6.3 A minimum of 3 appropriate references. The Library may wish to contact at least one of these referees. Please specify a contact name, organisation and a contact telephone number and contact email address for each referee. This information should be presented in your Response to Requirements document. 1.6.4 Confirmation that you will comply with the British Library's Programme for this Contract if awarded the contract. This declaration should be presented in your Response to Requirements document.
INSTRUCTIONS TO TENDERERS – 001274 PAGE 1 CORPORATE PROCUREMENT UNIT INSTRUCTIONS TO TENDERERS Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
1.7 Any further documentation that you wish to submit in support of your Tender should be provided in either MS Word or Adobe PDF formats. Such documentation must be clearly listed in the Response to Requirements document. 1.8 Any queries with regard to this invitation to tender must be received here not later than 2 working days prior to the tender closing date. Should you have any queries, please contact us using the Messages interface of the online Invitation to Tender on the British Library eTendering Service. The British Library reserves the right to circulate all responses to queries and points of clarification to all Tenderers. Tenders will not be identified in any way in these responses. 1.9 Important: In order to ensure full auditability, all communications with the British Library during the course of this tender exercise must be conducted via the messages interface of this online invitation to tender. No other form of communication will be accepted. The messages interface is found by clicking the “Messages” button next to this ITT in the “My ITTs” screen of the eTendering Service.
2 TENDER SUBMISSION AND TENDER ACKNOWLEDGEMENT
2.1 Your entire response to this Invitation to Tender must be published to us as an ITT Reply via the British Library eTendering Service not later than 12:00 (noon) on Tuesday 26th March 2019. 2.2 PLEASE NOTE THAT THE METHOD FOR PUBLISHING AN ITT REPLY IS DIFFERENT FROM THAT FOR SENDING AND RECEIVING MESSAGES. THE MESSAGING INTERFACE IS NOT TO BE USED AS A MEANS FOR SUBMITTING YOUR TENDER. IN ORDER TO CONSTRUCT AND PUBLISH AN ITT REPLY YOU MUST CLICK ON THE ITT TO OPEN THE ITT DETAILS SCREEN AND THEN CLICK “REPLY” AND FOLLOW THE INSTRUCTIONS ON SCREEN BEFORE CLICKING “PUBLISH” TO SUBMIT YOUR REPLY TO US BEFORE THE DEADLINE. 2.3 Tenders will not be considered if sent by any other means. 2.4 If you do not wish to submit a tender, you are requested to notify us of this fact by using the Reject function of the online Invitation to Tender. It would be helpful if you could state your reasons although you are, of course, under no obligation to do so. 2.5 The Tenderer may alter none of the documents that form this online Invitation to Tender except in order to insert information specifically requested by the documentation. 2.6 Prices must be detailed on the price schedule in the Form of Tender and should be given exclusive of VAT. 2.7 You must not tell anyone else what your tender price is or will be (even approximately), prior to the tender closing date. The only exception to this is if you need an insurance quotation to calculate your tender price; when you may give your insurance company or brokers any essential information that they may ask for, as long as it is treated in strict confidence. 2.8 You must not arrange with another whether or not to submit a tender except where a sub- contractor is involved, or a joint venture is proposed.
INSTRUCTIONS TO TENDERERS – 001274 PAGE 2 CORPORATE PROCUREMENT UNIT INSTRUCTIONS TO TENDERERS Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
3 TENDER EVALUATION
3.1 The British Library will make all reasonable endeavours to evaluate the returned tenders as soon as possible after the closing date. Until this has happened no indication may be given as to the progress of your tender. A decision will be normally be communicated to you within 6 weeks of the tender closing date. It may be that clarifications are required, in which case you will be contacted in order to make these enquiries. 3.2 To assist our evaluation you may be invited to meet with the evaluators at the British Library's site in London in order to clarify particular aspects of your response or present your response in greater detail. 3.3 The British Library does not bind itself to accept the lowest or any tender, or to award a contract. Nor will the British Library be responsible for any expenses or losses that may be incurred in submitting a tender.
4 TENDER AWARD CRITERIA
4.1 Tenders will be evaluated using the scoring criteria listed in Section 6 of the attached Tender Brief.
5 AWARD OF CONTRACT
5.1 The British Library is subject to the provisions of the Freedom of Information (FOI) Act. If the Tenderer considers than any information supplied under the tender process is either commercially sensitive or confidential in nature, this information should be highlighted and the reasons for its sensitivity given. In such cases, the relevant material will – in response to FOI requests – be examined in the light of the exemptions provided for in the FOI Act. 5.2 In order to assist the Library to comply with FOI obligations, all information which you consider to be either commercially sensitive or confidential in nature must be segregated from your main tender and presented in a separate section of your Response to Requirements document clearly marked ‘CONFIDENTIAL INFORMATION’. You must note that it is not sufficient to state that all tender information is confidential for FOI purposes; it is anticipated that such information will only comprise a very small portion – if any – of your tender. 5.3 The Library will, in all instances, be bound by the findings of the Information Commissioner with regard to any requests under the Freedom of Information Act. 5.4 Please note that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information and the Library intends to publish the Contract in its entirety to the general public.
INSTRUCTIONS TO TENDERERS – 001274 PAGE 3 CORPORATE PROCUREMENT UNIT CONDITIONS OF CONTRACT FOR SERVICES VERSION 2
CONTENTS
CLAUSE PAGE
1. Definitions 3 2. Term 4 3. Extending the Initial Term 4 4. Supplier's obligations 4 5. Services provided at BL Premises 5 6. Property and Risk 6 7 Contract Price and Payment 6 8. Contract Variations and Price Increases 6 9. Delays and Other Performance Failures 6 10 Acceptance and Defects Liability Period 6 11 Contract Management 7 12 Intellectual Property Rights 7 13 Subcontracting 7 14. Warranties 8 15. Record Keeping and Inspection 8 16. Liability 8 17. Indemnities 8 18. Confidentiality 9 19. Data Protection 9 20. Freedom of Information 9 21. Conduct 10 22. Force Majeure 10 23. Dispute Resolution 10 24. Suspension 10 25. Termination 11 26. Consequences of Termination 12 27. General 13
SCHEDULE 1 Change Control Process 15
Page 2 of 14
CPU standard goods and services supply agreement August 2015
THIS CONTRACT is made between: (1) The British Library Board, a statutory corporation established under the British Library Act 1972, with its principal place of business at 96 Euston Road, London NW1 2DB
BACKGROUND
(A) The BL invited proposals for the provision of services by means of a public tender exercise.
(B) The BL has selected the Supplier on the basis of its proposals and the Supplier is willing and able to provide goods and/or in accordance with the terms of this contract.
AGREED TERMS
1 DEFINITIONS
1.1 In these BL Terms and Conditions (as defined below), the following words will have the following meanings: Contract: the Award Letter, the BL Terms and Conditions, the ITT (if any) and the Supplier’s Proposal. Commencement Date the date on which the Contract starts as set out in the Award Letter (or if not set out in the Award Letter, such other start date as is agreed in writing between the Parties). Award Letter: the letter set out by the BL appointing the Supplier to perform the Services. BL Brand name and logo of the BL in the format included in the Contract or as otherwise provided by the BL. BL Terms and Conditions these agreed terms. Contract Price payments for Goods and Services set out in the Award Letter and/or the Supplier’s Proposal. Confidential Information any information, however conveyed, which relates to the business, affairs, finances, trade secrets, know-how, and all information derived from any of the above, which is marked or otherwise identified as confidential or which ought reasonably be considered to be confidential (whether or not it is marked as confidential). Deliverables documents, reports, materials, designs, and any other Supplier products and Goods specified in the Contract or as otherwise developed by the Supplier or its subcontractors in the course of providing the Services in any form or media. Force Majeure fire, flood or other natural disaster, act of terrorism, war, riot, industrial dispute or action, compliance with any law, court or any other circumstance beyond the control of the Party (other than industrial action taken by employees, agents or subcontractors or any other failure in the Supplier's supply chain). Goods products, equipment and any other goods (or any part of them) described in the Contract. Goods Specification any specification for Goods supplied as Deliverables, including any relevant plans or drawings, set out in the Contract or as otherwise agreed in writing between the Parties.
Page 3 of 14
CPU standard goods and services supply agreement August 2015
Intellectual Property Rights patents, trademarks, rights in designs, copyrights and rights in databases, moral rights, trademarks, business names and domain names, and the right to sue for passing off, (whether or not any of these are registered and including applications for registration of any such thing) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, created by or on behalf of the Supplier in the course of providing the Services or in the Deliverables. ITT the BL’s invitation to tender Insolvency Event where the Supplier makes or attempts to enter into any arrangement or composition with its creditor(s); issues a notice calling a meeting to pass a resolution for its winding up; is wound up by an order of the Court; and/or has a provisional liquidator, receiver, manager, administrator or trustee in bankruptcy appointed. Living Wage the hourly pay rate set by the Living Wage Foundation. Material Breach a breach of the Contract which is serious in the widest sense of having a serious effect on the benefit which the BL would otherwise derive from a substantial portion of this agreement over the term of this agreement regardless of the reason for the breach. Personal Data personal data as defined in the DPA which is received by the Supplier from and/or processed on behalf of the BL. Services supply of the services to the BL by the Supplier as specified in the Award Letter, ITT (if any) and Supplier’s Proposal. Site Procedures Document BL site use rules posted on the BL’s website. Supplier's Proposal proposal submitted by the Supplier or other written Supplier’s response to the ITT. Working Day Monday to Friday excluding English bank holidays.
2. EXTENDING THE INITIAL TERM 2.1 The BL will give the Supplier as much notice as possible of its intention to extend and the Contract will apply to any extension periods.
3. SUPPLIER’S OBLIGATIONS
3.1 The Supplier will provide the Services at the times and at the location, if specified, stated in the Contract. 3.2 The Supplier will: 3.2.1. ensure that its employees and permitted subcontractors’ employees meet any requirements for qualifications, training and/or specific experience stated in the ITT and/or as offered in the Supplier’s Proposal; 3.2.2. carry out the Services with reasonable skill and care; 3.2.3. allocate sufficient resources to ensure that it can fulfil its contractual obligations; 3.2.4. ensure that Services and Deliverables conform with the descriptions and specifications set out in the Contract; 3.2.5. comply with all applicable laws, regulations and codes of practice and any relevant BL policies brought to its attention and ensure that it has any necessary official consents and licences; 3.2.6. ensure that the Deliverables do not infringe any third party Intellectual Property Rights or moral rights; 3.2.7. comply with the BL’s reasonable instructions by the dates agreed between the parties; 3.2.8. ensure that it has the BL’s prior written approval for any publicity materials, public statement or media coverage in any format in which it refers to itself as a BL supplier or for any advertisements or promotional material in which the BL name and logo appears or which refers to or mention the BL (such approval not to be unreasonably withheld or delayed); 3.2.9. provide details of its business continuity plan for the Services on request;
Page 4 of 14
CPU standard goods and services supply agreement August 2015
3.2.10. without prejudice to its obligation to indemnify the BL, will, and will ensure that any permitted subcontractors will, take out and maintain adequate insurance policies to cover its risks and liabilities in relation to supply of the Services as follows: 3.2.10.1. insurance in accordance with workman’s compensation and occupational disease laws and employer’s liability insurance for an amount of not less than £5,000,000.00 per occurrence or series of occurrences arising from the one event, which shall comply with all applicable laws. Such insurance cover shall cover all employees of the Supplier engaged in the performance of the Supplier’s obligations under the Contract, and shall contain an indemnity to principals clause; and 3.2.10.2. general third party public liability insurance with a limit of not less than £5,000,000.00 per occurrence or series of occurrences arising from the one event; and 3.2.10.3. professional indemnity insurance covering all the matters which are the subject of the Contract and undertakings on the part of the Supplier. Such insurance shall name the BL as an additional insured with a limit of not less than £100,000.00 per occurrence or series of occurrences arising from the one event; and 3.2.10.4. supplier’s all risk insurance, covering the Services and the Supplier’s plant and equipment to their full replacement value, against risk of physical loss or damage from any insurable cause whatsoever. Such insurance shall name the BL as an additional insured with a limit of not less than £500,000.00 per occurrence or series of occurrences arising from the one event. 3.2.10.5. Except in respect of injury, including death to a person due to negligence for which no limit applies, the liability of the Supplier shall not exceed the sums specified in clauses 3.2.10.1 to 3.2.10.4, in respect of any event or series of connected events. For the avoidance of doubt, the Supplier shall bear any and all excesses, deductibles or franchises incorporated in the insurances covered by this clause 3.2.10; 3.2.11. supply promptly on request copies of its insurance policies or broker’s confirmation letter; and 3.2.12. inform the BL immediately if its insurance policy or any relevant part of it is cancelled or there is any change to its policy which affects its cover for the Services.
4. SERVICES PROVIDED AT BL PREMISES
4.1 The Supplier will: 4.1.1. pay employees engaged in providing the Services the Living Wage; 4.1.2. ensure that its employees and its permitted subcontractors employees do not handle any BL collection items except in an emergency situation without the BL’s permission; 4.1.3. comply with all aspects of the Site Procedure Document; 4.1.4. on completion of the Services, promptly remove from the Premises all equipment and rubbish and clear away surplus materials and leave the Premises in a clean, safe and tidy condition to the BL’s satisfaction; 4.1.5. dispose of waste in a manner in a safe and legal manner and follow BL directions; 4.1.6. store on BL premises only goods and equipment which are required for the provision of the Services and to remove any which are not required promptly at the BL’s request. 4.1.7. comply with BL Health and Safety Policy , any additional BL health and safety directions and any other BL site use directions; and 4.1.8. inform the BL immediately of any damage to BL buildings or property caused by its employees or anyone else for whom it is responsible. 4.2 The parties shall each notify the other immediately of any health and safety hazards, and take immediate appropriate action to manage or remove them. 4.3 In the event of any damage to BL buildings or contents caused by the Supplier, its employees, permitted subcontractors or their employees, the BL will determine how the damage will be repaired for the purposes of determining the amount payable to the BL under clause 16.1.2.
Page 5 of 14
CPU standard goods and services supply agreement August 2015
5. PROPERTY AND RISK
5.1 Title in Goods supplied under the Contract will pass to the BL on delivery or on payment by the BL (whichever is earlier) but the risk shall not pass to the BL until the Goods have been delivered in accordance with the Contract. 5.2 Where title to Goods passes to the BL before delivery, such Goods shall be clearly identified and marked as “the property of the British Library” or as the BL otherwise directs.
6. CONTRACT PRICE AND PAYMENT 6.1 The BL will pay the Supplier’s invoices within 30 days from invoice date. 6.2 All payments due to be made to the Contractor by the Library shall generally be made by means of a BACS transfer. 6.3 The Contract Price is fixed for the Initial Term and any extension periods and includes any delivery costs, (unless stated otherwise in the Award Letter, ITT (if any) or Supplier’s Proposal). 6.4 The Contract Price is exclusive of Value Added Tax, if chargeable, and the Supplier will submit valid VAT invoices. 6.5 Invoice(s) must be in the format required by the BL and be accompanied by all supporting information reasonably required by the BL. 6.6 If the BL disputes an invoice, the Supplier will continue to provide the Services while the dispute is resolved. 6.7 Where the BL disputes only part of an invoice, it will pay the undisputed amount on the due date and will notify the Supplier as quickly as possible of its reasons 6.8 Any disputes will be dealt with under clause 22 and the Supplier will provide such supporting information about the payment as the BL reasonably requires. 6.9 Any sum of money recoverable from or payable by the Supplier may be deducted from any sum then due or which at any later time may become due to the Supplier under the Contract. 6.10 If the BL wishes to set off any amount owed by the Supplier against any amount due to the Supplier, it will notify the Supplier within 30 days of receipt of the relevant invoice, setting out its reasons for withholding or retaining the relevant amounts. 6.11 Interest will be payable on the late payment of any undisputed and validly invoiced payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
7. CONTRACT VARIATIONS AND PRICE INCREASES 7.1 Increases in the Contract Price will not normally be accepted by the BL. However if the BL wishes to vary the Service or variations become necessary for any other reason which make a price increase unavoidable, the increase will be based on any standard rates stated in the Supplier’s Proposal or otherwise by agreement. 7.2 If any new law or makes the Contract Price financially unviable for the Supplier, the Supplier may ask the BL to consider an increase. 7.3 A change to the Contract Price will be valid only if recorded by following the change control procedure set out in Schedule 1. 7.4 Any other change to this Contract will be made by following the change control procedure set out in Schedule 1.
8. DELAYS AND OTHER PERFORMANCE FAILURES 8.1 Delivery times and performance standards are essential to the BL. If the Supplier fails to meet any delivery times, key performance indicators or other performance standards for the Services specified in the Contract, the BL may in addition to its rights under clause 24: 8.1.1. refuse to accept any subsequent performance of the Services which the Supplier attempts to make; 8.1.2. require the Supplier to replace unsatisfactory Deliverables or otherwise re-perform the inadequate part of the Services at its own expense within such period of time as the BL reasonably requires; and/or 8.1.3. reduce the Contract Price to reflect a fair price for the Services as supplied.
9. ACCEPTANCE AND DEFECTS LIABILITY PERIOD 9.1 The BL will not be deemed to have accepted any Goods and/or part of the Services until it has had a reasonable time to inspect them following delivery, or, in the case of a latent defect in the Goods and/or part of the Services, until a reasonable time after the latent defect has become apparent.
Page 6 of 14
CPU standard goods and services supply agreement August 2015
9.2 If Goods and/or part of the Services do not conform to the Contract then, without limiting any other right or remedy that the BL may have, the BL may reject those Goods and/or part of the Services and either require the Supplier to replace the non-conforming Goods and/or part of the Services or terminate the Contract by giving reasonably written notice. 9.3 The Supplier shall for a period of six months following completion of the Services be responsible for repairing or remedying, at the BL’s request, at its own expense and to the satisfaction of the BL any defects in the Goods and/or part of the Services. 9.4 The Defects Correction Period shall be renewed in respect of all repairs and remedial work carried out by the Supplier under this clause 9. 9.5 Performance of the Supplier’s obligations under this clause 9 will not relieve the Supplier from any other liability under the Contract and does not prevent the BL from rejecting any unsatisfactory Deliverables or Services where it is entitled to do so under the terms of the Contract. 9.6 The BL’s rights and remedies under this clause 9 are in addition to the rights and remedies available to it in respect of the statutory conditions relating to description, quality, fitness for purpose and correspondence with sample implied into this Contract by the Sale of Goods Act 1979, the sale of Goods and Services Act 1982 and to its rights under clause 24.
10. CONTRACT MANAGEMENT 10.1 The BL may appoint a contract manager with authority to make decisions about the Services. The contract manager (if appointed) may delegate this responsibility to one or more other BL employees. 10.2 The Supplier must, if required to do by the BL, provide a suitably senior contract manager with authority to make decisions about the Services.
11. INTELLECTUAL PROPERTY RIGHTS 11.1 The Supplier hereby assigns to the BL all Intellectual Property Rights in the Deliverables and waives all moral rights in them in favour of the BL. 11.2 The Supplier must: 11.2.1. ensure that any subcontractor, including individual freelancers, engaged in performing any part of the Services assigns its Intellectual Property rights in the Deliverables to the Supplier; 11.2.2. obtains waivers of moral rights in the Deliverables from its subcontractors; 11.2.3. ensure that it has the right to assign or sublicense any other third party Intellectual Property Rights in the Deliverables to the BL and inform the BL if this is not possible; and 11.2.4. sign such further documents or do such acts as the BL may require to ensure that the assignment set out in clause 11.1 is achieved. 11.3 Other than the assignment in clause 11.1, neither Party will acquire any licence, title or interest in the other Party’s Intellectual Property Rights. 11.4 The Supplier may use the Deliverables for marketing its services including posting copies and images of the Deliverables on its website with the BL’s prior written permission (such permission not to be unreasonably withheld).
12. SUBCONTRACTING 12.1 The Supplier may not subcontract any part of the Service without the prior written consent of the BL. 12.2 If the Supplier enters into a permitted subcontract it will: 12.2.1. remain responsible to the BL for the performance of its obligations under this Contract and for the acts and omissions of its subcontractors; 12.2.2. if required to do so by the BL, include in the subcontract an obligation to pay undisputed sums due to the subcontractor within 30 days from the receipt of a valid subcontractor’s invoice; 12.2.3. impose equivalent obligations on its subcontractors in the same terms as the obligations set out in this Contract to the extent that they are relevant, and ensure that the subcontractor complies with these obligations; 12.2.4. include in the subcontract a right for the BL to enforce subcontract terms directly against the subcontractor under the Contracts (Rights of Third Parties) Act 1999; and 12.2.5. provide a copy of any subcontract to the BL promptly on request.
Page 7 of 14
CPU standard goods and services supply agreement August 2015
13. WARRANTIES 13.1 Each Party warrants to the other that it has full power and authority to enter into and perform its obligations under the Contract. 13.2 The Supplier warrants that Goods and other Deliverables will be of satisfactory quality and fit for any particular purpose set out in the Contract or otherwise communicated to the Supplier. 13.3 The Supplier (if an individual) represents that he is regarded by both the Inland Revenue and the Department of Social Security as self-employed and accordingly shall indemnify the BL against any tax, national insurance contributions or similar impost for which the BL may be liable in respect of the supply of the Services under this Contract.
14. RECORD KEEPING AND INSPECTION 14.1 The Supplier must keep and maintain for six years after the Contract has been completed full and accurate financial records for the Services. 14.2 The Supplier will on request allow the BL or its duly authorised representative reasonable access to these records.
15. LIABILITY 15.1 Any equipment or other property belonging to the Supplier which is stored on BL premises is stored at the Supplier’s own risk and the BL will not have any liability for any loss of or damage to such equipment or other property. 15.2 Subject to clause 15.4, the BL’s maximum aggregate liability to the Supplier for all claims will not in any circumstances exceed the Contract Price. 15.3 To the fullest extent permitted by law, neither Party will be liable to the other for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages, other than as provided for in clause 15.4. 15.4 Nothing in the Contract will exclude or limit either Party’s liability for: 15.4.1. death or personal injury; 15.4.2. fraud or fraudulent misrepresentation. 15.5 The parties will at all times take all reasonable steps to minimise and mitigate any loss or damage for which the relevant Party is entitled to bring a claim against the other Party pursuant to the Contract.
16. INDEMNITIES 16.1 The Supplier shall indemnify BL against all losses, claims, liabilities, expenses (including reasonable legal fees) and regulatory fines arising out of: 16.1.1. any infringement of third party Intellectual Property Rights or moral rights caused by use of the Deliverables; 16.1.2. any damage to BL buildings or property or injury to or death of persons arising out of or in connection with the execution of the Contract by the Supplier or its subcontractors which is not caused by negligence on the part of BL, its employees or agents; 16.1.3. any loss or theft of, or destruction or irreparable damage to, BL data; 16.1.4. any claim made against the BL by a third party for death, personal injury or damage to property arising out of or in connection with defective Goods supplied under this Contract, to the extent that the defect is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors. 16.1.5. any other breach of the Contract by the Supplier or its subcontractors or any defect in the Services for which the Supplier is responsible. 16.2 The Supplier is only obliged to indemnify the BL where the BL: 16.2.1. as soon as reasonably practicable, notifies the Supplier in writing of any claim or expense which may be covered by the indemnity above; 16.2.2. makes no admissions or settlements without the Supplier’s prior written consent; 16.2.3. allows the Supplier control over any negotiations or litigation and/or the defence or settlement of any claim; and 16.2.4. gives the Supplier all reasonable information and assistance at the Supplier’s expense.
Page 8 of 14
CPU standard goods and services supply agreement August 2015
16.3 Should the Supplier not confirm in writing to the BL within 30 Working Days after the date of BL’s notice of a claim under this clause 16, that it intends to defend the action, or it fails to diligently defend the action, BL may defend and/or settle the action subject to the Supplier’s indemnity as provided for in this clause 16. 17. CONFIDENTIALITY 17.1 During the Term and for one year after, the parties will each keep the confidential any Confidential Information which they receive from the other in the course of the tender and negotiations between them, and may not share it with any other person, company or organisation or use it other than for performance of the Services except: 17.1.1. with the disclosing Party’s prior written permission; 17.1.2. by requirement of law, including under clause 18. 17.2 Clause 17.1 does not apply to information which is in the public; has come to the receiving Party independently of their relationship; or has been obtained from a third party who is free to disclose it. 17.3 If the Supplier has entered into a separate confidentiality contract with the BL, then the terms of that contract shall take precedence over this clause 17. 17.4 Notwithstanding any other term of the Contract, the Supplier authorises the BL to publish the Contract in its entirety, including any agreed changes to the Contract, to the general public. The BL may consult with the Supplier regarding any redactions but shall have the final decision in its absolute discretion. The Supplier shall assist and cooperate with the BL to enable the BL to publish the Contract. 18. DATA PROTECTION 18.1 The Supplier must comply at all times with current Data Protection legislation while carrying out the Services. 18.2 In relation to any Personal Data, the BL will be the data controller and the Supplier will be the data processor. 18.3 The Supplier: 18.3.1. may only process Personal Data solely for the purpose of providing the Services; 18.3.2. will comply with the BL’s reasonable written instructions and requirements in relation to the processing and transfer of the Personal Data; 18.3.3. may not disclose Personal Data to any third party including subcontractors without the BL’s prior written permission; 18.3.4. must take appropriate technical and organisational measures against unauthorised or unlawful processing of the Personal Data or accidental loss or destruction of, or damage to the Personal Data; 18.3.5. must take reasonable steps to ensure the reliability of its employees and contractors who have access to the Personal Data; 18.3.6. must notify the BL within five Working Days if it is approached directly by a data subject in connection with the Contract; 18.3.7. will provide whatever co-operation and information needed by the BL to enable it to respond to any requests for information about the Services or the Supplier under the Act; 18.3.8. will have in place at all times appropriate technical and organisational measures to protect any such Personal Data prepare a report for the BL and report on these if request to do so by the BL; and 18.3.9. may not transfer, or allow transfer of, any Personal Data outside the European Economic Area without the BL’s prior written consent. 18.4 The Supplier must immediately notify the BL if it becomes aware of a breach of the Data Protection Act in connection with the Contract.
19. FREEDOM OF INFORMATION
19.1 The Supplier acknowledges that the BL is subject to the requirements of the Freedom of Information Act 2000 ("the Act"), and shall provide all necessary assistance as reasonably required by the BL to enable it to comply with the Act. The Supplier agrees to provide any such assistance to the BL within five Working Days of any request made by BL under this clause 19. 19.2 BL will endeavour to consult with the Supplier if it receives a request for information about the Supplier, the Services or the Contract. The Supplier acknowledges that the BL will be responsible for determining, at its absolute discretion, the scope of any information to be disclosed and whether any exemption apply, and the Supplier agrees to abide by the BL’s decision. 19.3 The Supplier shall ensure that all information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the BL to inspect such records as requested from time to time.
Page 9 of 14
CPU standard goods and services supply agreement August 2015
20. CONDUCT
20.1 The Supplier must not: 20.1.1. directly or indirectly offer or give to any BL employee or agent a financial or other advantage to induce that person to perform improperly a relevant function or activity or reward that person for improper performance of a relevant function or activity; 20.1.2. directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Contract; or 20.1.3. defraud or attempt or conspire to defraud the BL. 20.2 The Supplier must inform the BL immediately it if suspects or becomes aware that any of its employees, agents or subcontractors have breached this clause 20 and cooperate promptly and fully with the BL’s investigation.
21. FORCE MAJEURE
21.1 Neither Party shall be liable for any breach of its obligations under this Contract resulting from a Force Majeure Event. 21.2 If either Party is affected by a Force Majeure Event, it will immediately inform the other. 21.3 The parties shall consult with each other in good faith and use all reasonable endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and to facilitate the continued performance of the Services. 21.4 Where the Supplier is affected, it will take all reasonable steps to overcome or minimise the effect of the Force Majeure Event. 21.5 The affected Party will notify the other Party as soon as practicable after the Force Majeure Event ceases. Following such notification, the Contract will continue to be performed on the terms existing immediately before the occurrence of the Force Majeure Event unless agreed otherwise by the Parties. 21.6 If the Supplier is unable to provide part or all or a substantial part of the Services for more than 30 Working days, the BL may terminate part or all of the Services by terminating by giving immediate written notice.
22. DISPUTE RESOLUTION
22.1 The parties will attempt in good faith to resolve any dispute, difference or claim relating to the Services or any other contractual issue, including any payment dispute, promptly by negotiation. 22.2 If the parties do not succeed in resolving the dispute, difference or claiming informally, either Party may refer for non-binding mediation in accordance with Centre for Dispute Resolutions (CEDR) Model Mediation Procedures. 22.3 To initiate mediation either Party shall give notice in writing (an “ADR Notice”) to the other Party, requesting mediation. If there is any point on the conduct of the mediation upon which the parties cannot agree within 10 Working Days of the date of the ADR Notice CEDR will, at the request of either of them, decide that point for the parties having consulted them. The mediation will start not later than 20 Working Days after the date of the ADR notice. If the dispute has not been settled by mediation within 3 months from the date of the ADR Notice either Party may then commence court proceedings and each Party hereby submits to the exclusive jurisdiction of the English Courts to settle any claim or matter arising in relation to the Contract or its subject matter or formation (including non-contractual disputes or claims).
23. SUSPENSION
23.1 The BL may suspend the whole or any part of Services by giving reasonable written notice (which may be immediate if it has serious concerns about any part of the Services) and the Supplier will notify the BL promptly of any reasonable and necessary additional costs which it will incur as a direct consequence of the suspension. 23.2 The Supplier will use its best endeavours to mitigate the financial and other effects of such suspension. 23.3 Unless the suspension is in response to the Supplier’s default, such suspension will be treated as a contract variation under clause 8 and the BL will pay these additional costs if they cannot reasonably be avoided by the Supplier. 23.4 This clause will not apply where the Contract is suspended because a Party is affected by Force Majeure. Page 10 of 14
CPU standard goods and services supply agreement August 2015
23.5 The Supplier will agree a time to resume the Services and the Supplier will use its best endeavours to do so at a time convenient to the BL. 23.6 Where the BL suspends the Services because of concerns about the Supplier’s performance or any other default, the BL may provide or commission replacement Services until such time as the Supplier satisfies the BL that it is able to perform part or all of the Services in accordance with the Contract and the BL may charge to the Supplier any costs which exceed the Contract Price, or a relevant part of it, which relate to Services for which it has to find a replacement supplier. 23.7 Nothing in this clause will prevent the BL from being able to exercise its termination rights under clause 25. 24. TERMINATION By the BL
24.1 The BL may terminate the Contract at any time by giving reasonable written notice to the Supplier (which may be immediate if the circumstances justify it and will not be more than 3 months’ notice. 24.2 The BL may terminate the Contract by giving immediate written notice if the Supplier: 24.2.1. commits a Material Breach and (if the breach is capable of remedy) fails to satisfactorily remedy such breach within 14 days of receipt of notice from the BL requiring the Supplier to remedy the breach; 24.2.2. commits more than one breach of this agreement, the cumulative effect of such breaches being: (i) that the Supplier will continue to deliver a substandard performance in the BL’s reasonable opinion in relation to a substantial portion of the Contract; or (ii) serious in the widest sense of having a serious effect on the benefit which the BL would have otherwise derived in relation to a substantial portion of this agreement; 24.2.3. suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; 24.2.4. commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors; 24.2.5. undergoes an Insolvency Event or a change of control within the meaning of Section 1124 of the Corporation Tax Act 2010; 24.2.6. becomes unable (being an individual) in the BL’s reasonable opinion, to provide the Services due to illness or mental incapacity; or 24.2.7. does or says anything which might, in the BL’s reasonable opinion, damage or be likely to damage its reputation. 24.3 The BL considers the following requirements to be essential to the effective performance of the Contract and will be entitled to treat any failure to comply with them as a Material Breach: 4.1, 12.1 and 20. This will not prevent the BL from treating any other serious default or misconduct as a Material Breach of the Contract. 24.4 Unless the Supplier has missed delivery dates stated in the Contract, the BL will not exercise its rights under clauses 24.2.1, 24.2.2 or 24.3 unreasonably, and will at all times seek to agree amicable and mutually acceptable solutions with the Supplier wherever possible and to apply the dispute resolution procedure set out in clause 22 before it does so, including considering a temporary suspension under clause 23 where appropriate and practically possible. It will exercise its termination rights only if these solutions fail and/or the Supplier does not participate in the dispute resolution procedure.
By the Supplier
24.5 The Supplier may terminate the Contract by giving immediate written notice if the BL fails to pay an invoice after being reminded. The Supplier must first give the BL a further 30 days in which to pay. This right is only exercisable at the end of the 30 day reminder period.
25. CONSEQUENCES OF TERMINATION 25.1 The Supplier must as quickly as practically possible: 25.1.1. deliver to the BL all Deliverables, whether or not completed; 25.1.2. return to the BL any BL Confidential Information and BL property;
Page 11 of 14
CPU standard goods and services supply agreement August 2015
25.1.3. stop, and ensure that any permitted subcontractors stops, processing any Personal Data and return or destroy all copies of it as directed by the BL; 25.1.4. promptly remove from BL premises its own materials and equipment, if any; and 25.1.5. submit final invoice(s) within 28 days and, if requested, a reconciliation of such invoice(s) with BL records. 25.2 The Supplier may not represent itself as being in any way connected with the BL from the date on which either Party issues a valid notice of termination. 25.3 If the BL terminates under Clause 24.1, the BL will pay the Supplier’s unavoidable costs connected with the Services, up to the amount of the Contract Price. The Supplier will inform the BL of these costs as quickly as possible and will take all reasonable steps to minimise them. This right is subject to the Supplier providing such supporting information to justify these costs as the BL reasonably requires. 25.4 The provisions of the following clauses will survive termination where they remain applicable: 4.3 (damage to BL buildings and contents), 5 (property and risk), 8 (delays), 9 (acceptance and defects), 11.4 (Supplier’s right to use Deliverables), 13.2 (warranties), 11.2.4 (Intellectual Property Rights), 14 (record keeping and inspection), 15 (liability), 16 (indemnities), 17.1 (confidentiality), 19 (freedom of information), 22 (dispute resolution), 25 (consequences of termination) and 26 (general), together with any other clauses which expressly or by implication are intended to come into or continue in force on or after termination. 25.5 The accrued rights, remedies, obligations and liabilities of the parties as at the date of termination will not be affected.
26. GENERAL 26.1 If there is an inconsistency or conflict between these BL Terms and Conditions and the content of the Award Letter, ITT (if any) or Supplier’s Proposal, these BL Terms and Conditions will prevail. 26.2 The Supplier may not assign any part of the Services without the BL’s prior written consent (such consent not to be unreasonably withheld or delayed). 26.3 The BL may novate, assign to otherwise transfer any of its rights and obligations under the Contract to any other company or organisation or which substantially performs any of the functions that previously had been performed by the BL. 26.4 Notices under the Contract may be delivered in person, posted or sent by email (email notice will be valid only if a hard copy is sent by post within 48 hours) addressed to the respective parties at the addresses stated on page 3 or to such other person or address as each Party may notify to the other. 26.5 Any such notice shall be in the English language and shall be treated as served two business days after being posted or, if emailed, on the day of sending. 26.6 A reference to writing or written includes email. 26.7 No term of the Contract shall be considered waived by either Party unless the waiver is in writing and signed by the Party granting the waiver. No such waiver shall be a waiver of any past or future default, breach or modification of the terms of the Contract unless expressly set forth in such written waiver. 26.8 The non-enforcement of any of the terms of the Contract by either Party shall not be construed as a waiver of any of that Party’s other rights and obligations. 26.9 Clause headings are inserted for convenient reference only and are not to be construed as defining, limiting or extending the meaning of any of term. 26.10 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. 26.11 A reference to any Party includes that Party's successors or permitted assigns. 26.12 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative, and shall not limit the sense of the words preceding those terms. 26.13 A person who is not a party to the Contract shall not have any rights under or in connection with it. 26.14 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent territory to be invalid, unenforceable or illegal, the other provisions shall remain in force. 26.15 If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. 26.16 At all times during the term of this Contract the Supplier shall be an independent contractor and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture
Page 12 of 14
CPU standard goods and services supply agreement August 2015
between the Parties and, accordingly, neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of the Contract. Nothing in the Contract shall be deemed to create a partnership or joint venture between the Parties nor constitute either Party the agent of the other Party. 26.17 The Contract constitutes the entire contract between the Parties relating to the subject matter hereof, and shall supersede any and all prior or collateral contracts, negotiations, head of terms, understandings and representations, whether written or oral. Each Party acknowledges that in entering into the Contract it has not relied and is not relying on any representations or warranties (whether implied or otherwise) other than those expressly set out in this Contract, and the Parties irrevocably and unconditionally waive any right they may have to any remedy in respect of any other such representation or warranty except in the case of fraud. 26.18 This Contract will take precedence over any terms and conditions which appear in the Supplier’s terms and conditions or other related documents (“Documentation”). No terms or conditions in any such Documentation will be binding on either Party or made a part of this Contract, unless such Documentation constitutes an amendment to this Contract made in accordance with the terms of Schedule 1. 26.19 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law.
Page 13 of 14
CPU standard goods and services supply agreement August 2015
SCHEDULE 1
CHANGE CONTROL PROCEDURE
This procedure will apply to any changes made to the Contract or the Contract Price.
Changes to the Contract Price may only be agreed on the basis set out in clause 8.
The Contract change may not be put into effect until both parties have recorded the change in a written document which is signed by both of them.
Where the change relates to additional work which is not included in the ITT or Award Letter, the BL will not be under any obligation to pay for it until the formalities set out in this schedule have been completed.
Procedure
The party which wishes to make a change will submit a proposal to the other party in writing.
If the change will require a change to the Contract Price, the Supplier will provide an estimate setting out the likely increase or decrease in the Contract Price.
If the Parties agree the change (including any change to the Contract Price, where appropriate), the BL will issue a contract variation letter on a timescale to be agreed by the parties.
A BL Contract Variation Letter signed by both parties shall constitute a formal amendment to this Contract.
On behalf of [Supplier]
Signed:……………………………………………………………………...
Name in block capitals:……………………………………………………
Title:…………………………………………………………………………
Date: ......
On behalf of the British Library Board
Signed:………………………………………………………………………
Name in block capitals:……………………………………………………
Title:………………………………………………………………………….
Date:......
Page 14 of 14
CPU standard goods and services supply agreement August 2015
CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
CONTENTS PAGE
1. GENERAL INFORMATION ...... 2 2. ACCESS ...... 2 3. SECURITY ...... 2 4. VEHICLE PARKING ...... 3 5. PERMITS TO WORK ...... 3 6. DELIVERY, UNLOADING AND STORAGE ...... 4 7. HOURS OF WORK ...... 4 8. BASEMENT WORKING ...... 5 9. RESTRICTIONS ...... 5 10. EMERGENCY PROCEDURES ...... 8 11. RECORDS ...... 9 12. GENERAL ...... 10 13. DRAWINGS ...... 10
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 1 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
1. GENERAL INFORMATION
1.1. THE BUILDING
1.1.1. The St Pancras Site is located at 96 Euston Road, London, NW1 2DB, adjacent to St Pancras Station. Approximately 1000 staff work in the building, which attracts 3,000 to 5,000 visitors per day. The building houses the major London based reference collections and many of the services of the national library. In addition it includes eleven reading rooms, exhibition galleries, retail spaces, a conference centre, restaurant facilities, extensive basement book storage areas and plant rooms. The British Library Centre for Conservation (BLCC) is housed in a separate building on the northern part of the site, and is linked to the main building on three levels.
1.1.2. The St Pancras building is unique in combining extremely high-cost traditional materials and finishes with a number of sophisticated and sensitive computerised systems which control aspects such as security, environment, fire detection, lighting etc. For these reasons total adherence to these procedures is mandatory.
1.1.3. The building was Grade 1 listed in 2015, with areas of interest including the public realm, Reading Rooms and Knowledge Centre (Conference Centre).
1.2. THE BRITISH LIBRARY REPRESENTATIVE (BLR)
1.2.1. For each contract, the British Library appoints a BLR. This person will be the Contractor’s main point of contact for the execution of the Contract and will give such directives, rulings, clarification etc. as shall be needed for the Contract. 2. ACCESS
2.1. Pedestrian access for Contractors is via the staff entrance on Midland Road (Gate 8). 2.1.1. Vehicular access and delivery to the Site are to be made via Gate 10 in Midland Road (see attached plan). From time to time, alternative access(es) may be designated by the BLR. 2.2. Normal loading bay hours are 08:00 to 16:30 Monday to Friday. 2.3. Normal hours of access to the Site are 07:00 to 21:00 hours Monday to Friday. 2.4. Deliveries shall only be made by prior arrangement with the BLR.
3. SECURITY
3.1. Contractor personnel should be deemed to include any personnel, agent or Sub-contractor of the Contractor.
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 2 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
3.2. The Contractor and its personnel shall comply with all British Library security procedures, and must comply with all instructions issued by British Library security staff when working on Site. 3.3. At least 12 working days before commencing work, the Contractor must supply the names and addresses of all personnel to be employed on the Contract on Site in order to allow security procedures to be undertaken. 3.4. For Contractors working on Site for less than 28 days, temporary day passes will be issued. Application for such passes must be made not later than 16:00 on the day before the pass is required. 3.5. For long term Contractors (i.e. those working on Site for more than 28 days) a security pass with photograph will be issued. A security and criminal record clearance of all personnel working on Site will be made in accordance with Government security procedures via current British Library procedures. Personnel who fail security clearance procedures will not be allowed on Site. 3.6. After the security clearance process all personnel must attend the Site for safety/security induction and to have their photographs taken. The Contractor will be required to confirm that it has carried out appropriate checks on the identity of its personnel. 3.7. The Contractor must also submit for advance clearance, details of additional personnel for sickness and holiday cover. 3.8. All Contractors’ bags, personal effects and vehicles may be searched on entering and/or leaving the Site. 3.9. Contractor personnel must wear an appropriate British Library pass in a visible position at all times when working on Site. 3.10. Unless otherwise determined by the BLR all passes must be surrendered to security when personnel leave the Site at the end of each day.
4. VEHICLE PARKING
4.1. Parking space is severely limited, and as a result no vehicle may be parked on the premises without the prior authorisation of the BLR. Vehicle registration numbers must be notified 24 hours in advance to the BLR. Only essential vehicles will be allocated parking space which will always be subject to availability. 4.2. Vehicles shall only be parked in their allocated locations, and in particular must not block access roads or the loading bays.
5. PERMITS TO WORK
5.1. Contractors must make themselves familiar with the British Library permit to work procedures prior to commencement on Site. They must not carry out any of the operations covered by the procedures without obtaining the appropriate documentation. 5.2. Arrangements for obtaining permits must be made with the BLR.
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 3 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
5.3. A copy of the permit to work documentation must be retained by the Contractor on Site at all times and shall be surrendered on request of the BLR.
6. DELIVERY, UNLOADING AND STORAGE
6.1. The Contractor must advise the BLR at least 24 hours in advance of proposed delivery times and of any special requirements. Registration numbers of appropriate vehicles must be given to the BLR. 6.2. The Contractor is responsible for transporting to Site, taking delivery of and unloading of equipment, plant and materials which shall take place during normal loading bay hours. 6.3. The permission of the BLR will be required for out of hours delivery and unloading. 6.4. Storage space is extremely limited, and as a result the Contractor may only store equipment, plant and material at the location(s) specified by the BLR. Equipment may only be stored on Site which is to be used on the Works.
7. HOURS OF WORK
7.1. Permission to work outside the normal hours of access will only be granted at the discretion of the BLR. Permission must be sought two days in advance from the BLR, giving details of times, format and location of the work to be done. The BLR will provide the Contractor with the appropriate form for out of hours working, which must be completed and returned to the BLR prior to such work commencing. 7.2. Under no circumstances will work be permitted in the Reading Room and public areas whilst these are open to the public. Opening hours are currently:
Rare Books & Music, Humanities, Business & IP Centre, Social Sciences & Newsroom Monday 10:00 – 20:00 Tuesday - Thursday 09:30 – 20:00 Friday - Saturday 09:30 – 17:00 Sunday Closed
Asian & African Studies, Manuscripts and Maps
Monday 10:00 – 17:00 Tuesday - Saturday 09:30 – 17:00 Sunday Closed
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 4 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
Exhibition Galleries & Shop Monday 09:30 – 18:00 Tuesday 09:30 – 20:00 Wednesday – Friday 09:30 – 18:00 Saturday 09:30 – 17:00 Sunday 11:00 – 17:00 n.b. The Treasures Gallery closes at 20.00 on Tuesday – Thursday
Public Areas Monday- Thursday 09:30 – 20:00 Friday 09:30 – 18:00 Saturday 09:30 – 17:00 Sunday 11:00 – 17:00
7.3. At times, the building is used for public events outside these hours; the Contractor will be notified of these events, and must follow the BLR’s instructions with regard to work, noise restrictions, access etc.
8. BASEMENT WORKING
8.1. The British Library building includes a number of deep basements. In the event of a fire alarm or other emergency situation, the basements areas will always be evacuated as a precaution. In these circumstances, the use of lifts is prohibited and the evacuation will involve leaving the building on foot via a significant number of stairs. It is the Contractor’s responsibility to ensure that all personnel offered for work on the Site have a level of health and fitness appropriate to both the task that they will be undertaking and the environment in which they will be operating.
9. RESTRICTIONS
9.1. RESTRICTIONS ON USE OF SITE 9.1.1. The Contractor will have access only to those parts of the Site necessary for the performance of the Contract and shall not use the Site for any other purpose.
9.2. RESTRICTED AREAS
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 5 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
9.2.1. There are several areas of the Site which require prior approval for access or where access is not possible without an escort from an approved member of Library staff. These areas are subject to change. 9.2.2. A list of these areas is contained in Appendix A.
9.3. ADVERTISING 9.3.1. No advertisements, posters, placards or signs may be affixed to or displayed from the British Library building or the unit boundary without the prior permission of the BLR. 9.3.2. Before taking any photographs, video or other images, or obtaining or using publicity material, the Contractor must first seek permission from the BLR.
9.4. NOISE CONTROL 9.4.1. Strict control of noise will be enforced during the hours when the Library is open to readers and the general public. In any event, the Contractor shall comply with all applicable noise control regulations and shall control noise at all times to the satisfaction of the BLR. In particular, the Contractor shall:
fit all plant and equipment with effective silencers of a type recommended by manufacturers;
not use noisy plant, equipment or appliances without the consent of the BLR;
not use radios or other audio equipment nor permit the use of personal stereos by its employees.
9.5. COMMUNICATIONS EQUIPMENT 9.5.1. Use of the British Library’s own telephone system will only be allowed by prior arrangement, with the BLR. The use of any other temporary communication systems must be agreed with the BLR.
9.6. SMOKING 9.6.1. Smoking will not be permitted anywhere in the building; designated external areas are provided. Any breach of this requirement will result in the Contractor personnel being removed from Site.
9.7. FOOD AND DRINK 9.7.1. Food and drink may only be consumed in the designated refreshment areas.
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 6 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
9.8. WASTE 9.8.1. The Contractor shall: remove all redundant material from Site as it is generated; keep the Site and its accesses clean and tidy; operate at all times in accordance with all appropriate legislation relating to Health and Safety and/or the control of waste; ensure that surplus Library material and/or equipment are not removed from Site without the express permission of the BLR.
9.9. PROTECTION 9.9.1. The Contractor is reminded of the extremely high specification of the building and must therefore: adequately protect all work and all accesses to the Site throughout the Contract wherever there is a possibility of damage by the Contractor’s plant and equipment. Wherever work is of an especially vulnerable nature or is exposed to abnormal risks, the Contractor shall provide special protection to ensure that damage does not occur. All protection shall be removed upon completion and surfaces etc. made good to the satisfaction of the BLR; adequately maintain roads and footpaths within and adjacent to the Site, and keep them clear of mud and debris. Any damage to roads and footpaths caused by Site traffic or otherwise consequent upon the work must be reported to the BLR so that it can be made good to the satisfaction of the Local Authority or other owner. The Contractor shall bear all costs arising; prevent damage to existing buildings, fences, gates, walls, roads, paved areas and all other features. Any damage so caused shall be immediately made good to the entire satisfaction of the BLR at the Contractor’s own expense; prevent damage to any furniture, fittings or equipment. Any damage so caused shall be immediately made good to the entire satisfaction of the BLR at the Contractor’s own expense; provide all temporary measures e.g. enclosures, lighting, fencing, alternative or temporary accesses etc. to the satisfaction of the BLR; ensure that Contractor personnel are aware that moving or tampering with fire extinguishers and equipment is prohibited for any purposes other than firefighting.
9.10. FIRST AID
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 7 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
9.10.1. The Contractor may use the British Library First Aid Room. However, it shall be the Contractor’s responsibility to ensure that his staff have adequate first aid training.
10. EMERGENCY PROCEDURES
10.1. Prior to work commencement, the Contractor personnel must be fully conversant with all British Library emergency procedures (fire, evacuation, etc.) in force at any time. In the event that these procedures are not complied with, the British Library reserves the right to remove Contractor personnel from Site.
In brief, the procedures are as follows:
FIRE POINTS These are located in key positions around the building and consist of a ‘break glass’ alarm or ‘manual call point’ and a fire action notice which Contractor personnel should read. Contractor personnel are also advised to note the positions of the Fire Points nearest to the area of work. If personnel see smoke or become aware of a fire, they should sound the alarm by operating the nearest call point. FIRE FIGHTING Contractor personnel may attack the fire with an extinguisher or hose only if they are confident that it is safe to do so, and that there is an unimpeded escape route. If Contractor personnel intend to fight a fire, they must read the label carefully to ensure the correct extinguisher has been selected. FIRE ALARMS There are two distinct audible alarms: . Intermittent Pulse signifies ALERT. Take no immediate action, but prepare to evacuate if the signal changes to EVACUATE. . Continuous two tone warble signifies EVACUATE. Evacuate the building immediately via the nearest fire exit and report to the designated assembly point. BOMB ALERT AND EVACUATION PROCEDURES If Contractor personnel receive a bomb threat, they must alert Security on ext. 3333 as a matter of urgency. (Do not activate Fire Alarms.)
The caller should be kept on the line as long as possible and as much information obtained relating to the type of device, location and packaging as possible. If the caller hangs up, do not replace your receiver. Give the information to Security as soon as possible.
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 8 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
Security will decide what action needs to be taken. ACCIDENT PROCEDURES In the case of a serious accident personnel should contact Security on ext. 3333, giving the location of the accident. Appropriate emergency services will then be called. All accidents or ‘near misses’ must be reported to the BLR for entry onto the Accident Book. ESCAPE ROUTES The Contractor must maintain escape routes throughout the course of the Works, including providing all temporary enclosures, lighting and additional security measures, etc. to the satisfaction of the BLR and the Fire Officer. COMPLIANCE WITH INSTRUCTIONS The Contractor personnel shall comply with all instructions given by British Library Emergency Managers (who shall be the Incident Co-Ordination Officer or their nominated deputy) and/or security staff in relation to the emergency procedures above. Failure to comply with such instructions will result in removal of personnel from Site. INDUCTION TRAINING The British Library will provide induction training for a restricted number of Contractor personnel prior to work commencement. It shall be the Contractor’s responsibility to ensure that this training is cascaded to all other personnel who will attend Site. 11. RECORDS
11.1. The Library is obliged, as a public sector body, to ensure that its business records are created and maintained electronically. The Library’s records are also subject to the provisions of the Freedom of Information Act, and thus subject to disclosure to the public (with limited exemptions). These requirements both apply equally to the records of transactions carried out by its agents under this contract. The Contractor will therefore co- operate with these requirements by: ensuring that business decisions and activities carried out are recorded comprehensively, accurately and contemporaneously, using electronic system and/or paper filing systems laid down by the Library; ensuring that records are kept in good order within the structures, systems and formats determined by the Library; and agreeing schedules for the disposal of records in line with British Library records management policies, and co-operating in ensuring complete destruction of records due for disposal.
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 9 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
11.2. The Contractor will have responsibility for ensuring that records of the tasks carried out are complete and maintained in good order, and specifically: will ensure that progress on work orders is punctually and accurately recorded on the Library’s CAFM according to procedures agreed with the Library; will ensure that information on new Library assets, or corrections to information regarding existing assets, is passed to the Library; will ensure that any service reports, Operations & Maintenance Manuals, drawings and other documentation relevant to installations, changes to, and maintenance of the Library’s assets are passed to the Library in a suitable format for inclusion in the Library’s asset lists. Wherever possible this information will be passed in electronic format (if necessary by scanning), by file transfer, email or memory stick. 11.3. Training in the use of specific Library systems will be made available through the British Library, at cost price where applicable.
12. GENERAL
12.1. ACCOMMODATION 12.1.1. Limited use of the Staff Restaurant, sanitary, washing facilities and storage space for work clothing will be available as designated by the BLR.
12.2. SERVICES AND FACILITIES 12.2.1. Limited use of electrical outlets, water supplies etc. may be made available for the use by the Contractor. Charges may be made for their use.
12.3. OFFICE SPACE 12.3.1. Office space will not generally be available unless this is set out in the Specification.
12.4. MEETING ROOMS 12.4.1. Rooms for meetings will not be provided by the British Library except insofar as these meeting are a direct requirement of the Contract.
13. DRAWINGS
13.1. The following drawing is appended to and form part of these Site Procedures, STP SITE PLAN (revision 01) (2015).
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 10 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
APPENDIX A RESTRICTED AREAS REQUIRING SECURITY ESCORT Restricted Area Access provision Loans Marshalling Room Security Escort Strong Room Security Escort All other areas Authorisation needed Kings Library Security Escort Basement 1 General Areas Authorisation needed Basement 2 General Areas Authorisation needed Basement 3 General Areas Authorisation needed Basement 4 General Areas Authorisation needed All Pens (B1, B2, B3, B4 and Rare Books Level 1) Authorisation needed All Strong Rooms Security Escort (B2, B3, B4, UGF Manuscripts, L3 Philatelic) Basement ½ Control Room Security Escort Reading Rooms Social Sciences, BIPC, Newsroom, Humanities Authorisation needed (outside opening hours)* Rare Books & Music, AAS, Maps, Manuscripts Security Escort (outside opening hours)* Collection Storage Areas Authorisation needed Exhibition loans Security Escort AAS Collection Storage Security Escort Early Printed Collections Office Zone 7 Authorisation needed Art Store Security Escort Exhibition Galleries (outside opening hours)* Authorisation needed Bookshop (outside opening hours)* Security Escort Post room & loading Bay Authorisation needed Collection Storage Areas Security Escort Manuscripts Office Zone 7 Authorisation needed
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 11 OF 12 Last reviewed: Aug-18 CORPORATE PROCUREMENT UNIT SITE & SECURITY PROCEDURES ST PANCRAS VERSION 9
Rear access to Philatelic Cabinets (including Security Escort service riser)
Exhibition Gallery (outside opening hours)* Authorisation needed Security Escort if cases require opening Imaging Studios Authorisation needed AHU 808 Plant Room Authorisation needed Sound Archive Control Room Authorisation needed AHU Area next to Sound Archive Control Room Security Escort Floor 2 Knowledge Centre Projection room Authorisation needed Authorisation needed Philatelic Office Security Escort if no Library staff are present Finance Office Authorisation needed Security Escort if no Library staff are present Boardroom suite Authorisation needed Stampers Room Authorisation needed Security Escort if no Library staff are present Qatar offices and preservation Authorisation needed Security Escort if no Library staff are present *Work can only be undertaken outside opening hours in these areas (except in an emergency and by agreement with the appropriate departmental management).
SITE PROCEDURES ST PANCRAS VERSION 9 PAGE 12 OF 12 Last reviewed: Aug-18 Exhibition Evaluation of Writing: Making your mark Prepared for the British Library 25th March 2019
1 Thank you for inviting The Nursery to put forward our proposal for evaluating the upcoming Writing: Making your Mark exhibition. We are delighted to share our approach
In this proposal we will give our recommendation for a comprehensive summative evaluation, providing the insights needed to:
- Understand audience profiles - Evaluate visitor experience, engagement and understanding - Optimise the exhibition mid-way - Provide insights to take forward to future projects
We confirm that we will comply with the British Library's Programme for this Contract if awarded the contract
2 Contents
01 Your brief & how we can help
02 Research design, fieldwork and sampling
03 Qualitative top ups
04 Incorporating external data and measuring impact
05 Reporting and team
06 Timings and costs Your brief to us
Writing: Making Your Mark is a major exhibition celebrating the act of writing across the globe. It explores the history of writing using more than 100 objects from the last 5,000 years in order to start thinking about its future
Research is needed to understand and evaluate the success of this exhibition, specifically:
- Visitor demographics - Expectations, reasons for visiting and information sources - Experience of the exhibition from engagement with content to layout and design - Satisfaction with the exhibition and any areas for improvement - Interpretation, message take-out and impact - Value for money
Findings will then also inform future projects, giving guidance and recommendations on programming, audiences and exhibition design
4 Research design in a nutshell
RESEARCH DESIGN SAMPLE TIMINGS
• 10 minute on-site quantitative exit • 400 interviews (interim reporting after c. • Fieldwork to be spread over the exhibition interviews with exhibition attendees 200) period, ensuring a mix of days, dayparts and school holidays • Intuitive questionnaire design to allow • All respondents to be exhibition maximum depth while keeping visitors attendees, targeting a representative • Interim report and data tables by 28 June engaged spread of customers through stratified 2019 sampling • Non-attendees and wider Library audience • Draft report and data tables by 27 profile captured via rolling exit survey, with • Results can be weighted to reflect September 2019 relevant findings incorporated into this footfall and take in to peak / off peak research visits • Final report by 11 October 2019, with presentation shortly after • Qual ‘top up’ visit to add colour and depth of understanding • More detailed proposed timing schedule on slides 8 and 15 On-site exit interviews
On-site exit interviews will allow us to capture attendees’ experiences and perceptions in the moment. Impressions of the displays will be fresh, making it easy for visitors to answer about their day.
We will work with interviewers from Protel, our fieldwork partner for on-site evaluation, conducting face to face quantitative survey with attendees
Our team of experienced on-site interviewers will: - Ensure a representative sample of attendees is collected (e.g. interviewers approach one in every 3 attendees) - Provide a slick and professional contact with attendees. We understand that the on-site interview is part of their experience of visiting the British Library, and all helps to frame visitors’ overall perception - Bring everything they need to conduct interviews with them, requiring minimal input from the British Library. There is no need for any special installation within the exhibitions so does not affect any floor plans etc
However, if it is possible for them to be given British Library badges / jackets we find this often helps with response rate and credibility
6 Sampling plan
We expect to plan in 20 days of fieldwork for the Writing: Making your Mark exhibition, to be spread over the duration of the exhibition This will allow us to collect a robust interim and total base for reporting
Writing: Making your Mark
Total no. of interviews (minimum) 400
Minimum no. of interviews per 20 fieldwork day
Days of fieldwork on-site 20 needed
Interviews will be scheduled to cover a spread of weekdays and weekends, school holidays vs. term time, and different times of day We can weight data to footfall, to ensure results are representative of visits Indicative fieldwork timings
While the exact dates of the on-site visits will need to be agreed together upon project commission, we can give a Suggested fieldwork schedule suggested outline
The most important thing is for us to be able to spread Writing: Making your Mark fieldwork days across the duration of the exhibition, and get good coverage of each key day part (weekday, weekend, school holiday) to allow us to weight the data efficiently at analysis 4 month exhibition, 20 fieldwork days in total
We also need to make sure we have a sufficient number of th interviews by mid June so we can provide the interim report Ensure minimum of n=180 by 14 June for interim reporting April – 1 fieldwork day You have mentioned it is important to start fieldwork in the May – 5 fieldwork days first week of launch, so we will make sure we are ready to go June – 5 fieldwork days for the first weekend July – 5 fieldwork days August – 4 fieldwork days If you have information on expected footfall per average weekday vs. weekend vs. school holiday season, we can also use this to inform the fieldwork rota
8 Suggested survey flow for on-site exit interviews (10 minutes)
We will engage attendees with a short, easy to answer survey. This should be kept to 10 minutes, and use straightforward language, simple scales, and intuitive options. As indicated earlier the survey experience forms part of the Library experience, keeping the survey engaging and relevant, and even fun is a key objective for our design.
We will work with you to develop the questionnaire, using our expertise to write it in the most efficient way to cover the priority content in a short space of time
Overall experience and attitudes to exhibition Exhibition specifics: Interpretation and impact Demographics content and design
• Overall satisfaction • Value for money • Content vs. expectations • Message take-out • Age, gender, kids in • Recommendation • How found out about • Ratings of different • Actions following household, ethnicity (NPS) exhibition – including elements including exhibition (e.g. find out • Place of residence • Exhibition dwell time marketing recall written information more, engagement • New/ regular/ infrequent • Likes and dislikes • Exhibition as driver of • Exhibition route and with writing) visitor • Reason for visiting visit navigation • Impact on perception • AV content engagement of British Library and rating Qual top ups – adding colour and depth to the experience
Our focus for this research is on the quantitative surveys, and maximising the sample size we can achieve within available budget. But we do think it will be helpful to capture a little bit of colour and add the ‘voice of the customer’, to help shine a light on potential issues and help engage stakeholders in the survey findings
This is also an opportunity to explore in more detail any specific areas of interest, or cover off a topic that is better explored verbally than quantitatively
Our offer to the British Library is that for no extra charge we will send one of our qualitative team to the site for a couple of hours to chat to visitors leaving the exhibition and capture some vox pops:
• We envisage this would be in or near the exit of the exhibition (exact placement TBD based on what is feasible) • Given we won’t be charging for this work we can’t guarantee interview numbers – but we would expect 6 – 8 interviews per exhibition • We recommend scheduling this session during the first fieldwork phase before the interim report, so the exhibition has worn in but with time to fix it • We also suggest conducting the visit on expected busy days e.g. weekend or school holidays to get the most out of the session • We wouldn’t plan to formally incentivise participants, but it may be a nice touch to give a small British Library gift (if possible) as a thank you for their time e.g. pen/ pencil from shop, or small trinket Incorporating existing data
Existing and ongoing visitor data is also available, including: - Rolling exit surveys amongst general users (some of which may exhibition visitors), reported quarterly - Previous evaluation data from paid exhibitions - Information from ticketing from those who bought online
We are happy to incorporate external data where relevant and appropriate. We can use this to add context and further insight e.g. getting a view of groups not covered in this research such as non attendees, and supporting our profiling data with ticketing figures
We will make reference to other exhibitions where possible to understand broader issues e.g. impact of different formats, topics, layouts. Depending on how comparable the data sources are, this may be a more thematic than statistical analysis
11 Bigger picture: Brand perception and marketing impact
Beyond evaluating the exhibition, there is the broader question of brand impact and marketing performance We suggest some light-touch ways to explore this: 1. Impact on brand perception can be measured by scaled questions e.g. makes me think differently about the British Library/ makes me think more positively, etc. 2. Capture marketing recall, which can be used at analysis to see if those aware of advertising have different perceptions to those not aware 3. Review and compare key metrics such as visitor numbers, sales, website visits from this exhibition vs. previous, taking in to account media spend, and ad recall (if available) We absolutely agree that this is an important aspect, but given the priority is to evaluate the exhibition itself, we have focused our recommendation (and budget) around this. A full pre/post study or marketing effectiveness review would be possible for future exhibitions where time and budgets allow
12 Reporting
We will provide:
- Interim report in late June that will inform the second half of the exhibition - Full report following end of exhibition - Data tables and any transcripts - Face to face debrief - Vox pop and qualitative analysis to add colour - Incorporated data from other sources
Interim reporting will provide topline findings, and focus on any areas for optimisation Full reports will provide a deeper analysis including differences by audiences and demographics where base sizes allow
13 The Nursery team
The Nursery team for Writing: Making your Mark exhibition
David Alterman is partner/owner at The Nursery and will have overall responsibility for the research programme. With more than 25 years of brand and communications experience, David will provide strategic input across all stages of the project from set up to debrief
Tom will be managing the qualitative top up interviews. Tom has Ian Gibson has a strong background in the leisure and tourism conducted on-site research for a number of clients, and has markets, and has managed customer experience surveys for a wide recently been working with the Museum of London on range of visitor attractions included the National Trust, Maritime understanding key audience segments Greenwich, Queen Elizabeth Olympic Park, Museum of London and Madame Tussauds. Ian will oversee the research design, management of Protel, and reporting
Ebbie Elson will be responsible for the day to day management of the project from questionnaire to debrief, working with Ian to make sure everything runs smoothly. Ebbie currently manages the Voice of the Customer programme for a challenger bank, is a member of The Nursery’s Museum of London team, and has worked on on-site qualitative hubs for visitors at Heathrow Airport
14 Project Timings
Suggested project timings
Task Writing: Making your Mark
Set up meeting with stakeholders Tuesday 2nd April
Questionnaire draft provided Monday 8th April Questionnaire sign off Wednesday 10th April Programming and testing Thursday 11th to Friday 19th April All fieldwork schedules and logistics confirmed By Monday 22nd April Fieldwork Phase 1 (including qual top up day) 26th April to 14th June Data processing and analysis 17th to 27th June Interim report and tables available 28th June 2019 Fieldwork Phase 2 15th June to 27th August Data processing and analysis 28th August to 26th September Draft report and data tables 27th September Final report 11th October Presentation to project team and stakeholders Mid-late October (TBC)
15 Costs
Cost (excl. Item VAT)
Writing: Making your Mark Core exhibition evaluation N=400 interviews
Qualitative top ups Estimated 6-8 interviews
Total (excl. VAT)
16 Experience in this area
17 References
18 Contact Us
The Nursery Research and Planning Ltd 60-66 Wardour Street London W1F 0TA Nearest tube: Piccadilly Circus
tel. +44 (0)20 7734 1166 | fax. +44 (0) 20 7434 1533 | [email protected] CORPORATE PROCUREMENT UNIT FORM OF TENDER Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
IMPORTANT: Please complete this document by entering your responses in the spaces provided and save it with the filename "Organisation Form of Tender.doc", with the word “Organisation” being replaced by the name of your organisation. Please then re-attach your completed document to your ITT Reply on the e-tendering portal as an ITT Reply File Attachment. Please do not return this document as a message attachment.
1. This Company has EXAMINED:
1.1. The online Invitation to Tender published 14th March 2019 1.2. The Instructions to Tenderers, Conditions of Contract, tender Brief, and all other documents attached therewith or referred to therein. 1.3. The location for the performance of the required Services and made all enquiries and investigations in regard thereto.
2. Now this Company hereby OFFERS to undertake the required Service at the fixed rates set out in Appendix 1 (Pricing Schedule) hereto.
3. This Company UNDERTAKES:
3.1. To provide the required Services in all respects in conformity with the aforementioned documentation. 3.2. To the complete satisfaction of the British Library. 3.3. Notwithstanding the intended programme to hold this tender open for your acceptance for a period of 90 days from the tender return date.
4. This Company UNDERSTANDS that the British Library:
4.1. Will not pay any expenses or reimburse any losses or costs arising out of this company's preparation and submission of a tender. 4.2. Shall not be obliged to accept the lowest, or any, tender received. 4.3. Intends to publish, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the Contract in its entirety to the general public.
4.4. The British Library’s Brief together with the British Library’s Conditions of Contract and the successful Tenderer’s final accepted response will form the Contract.
FORM OF TENDER - 001274 PAGE1 CORPORATE PROCUREMENT UNIT FORM OF TENDER Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
5. This Company DECLARES that:
5.1. This is a bona fide competitive tender; 5.2. The tendered price and rates are given exclusive of V.A.T. and will remain FIRM AND FIXED for the Contract Term. 5.3. It has not fixed or adjusted the amount of the tender by arrangement with any other Tenderer(s). 5.4. It has not communicated to any other persons (and will not do so before the tender closing date) the amount or approximate amount of this tender.
SUBMITTED BY: Peter Dann
COMPANY NAME: The Nursery Research and Planning Ltd
COMPANY ADDRESS: 60-66 Wardour Street London W1F 0TA
DATE: 26th March 2019
YOUR REFERENCE: P19LIB3
FORM OF TENDER - 001274 PAGE2 CORPORATE PROCUREMENT UNIT FORM OF TENDER Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
APPENDIX 1 PRICING SCHEDULE / BREAKDOWN OF FIXED PRICES AND RATES
In the space below, please insert a breakdown of all costs associated with the successful delivery of the requirements set out in the Library’s Brief. Where applicable this should include any daily/hourly rates and any applicable expenses and/or additional costs.
FORM OF TENDER - 001274 PAGE3 CORPORATE PROCUREMENT UNIT FORM OF TENDER Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
APPENDIX 2 INSURANCE DETAILS PLEASE COMPLETE BY ENTERING YOUR DETAILS IN THE SPACES PROVIDED
PROFESSIONAL INDEMNITY NOTE: THE LIMIT OF LIABILITY MINIMUM REQUIREMENT IS £500,000.00 ‘ANY ONE INCIDENT’ Limit of indemnity ‘any Name and Address of Insurers/Brokers Policy Number Expiry date one incident’
Hiscox Underwriting Ltd, 1 Great St. PL- 02/09/2019 Helen's, London, EC3A 6HX PSC04009488549/01
EMPLOYERS LIABILITY COMPULSORY INSURANCE (ELCI) NOTE: THE LIMIT OF LIABILITY MINIMUM REQUIREMENT IS £5,000,000.00 ‘ANY ONE INCIDENT’ Limit of indemnity ‘any Name and Address of Insurers/Brokers Policy Number Expiry date one incident’
Royal & Sun Alliance, St. Mark’s Court, £5,000,000 RSAP5265689200 5th October 2019 Chart Way, Horsham, West Sussex, RH12 1XL.
NOTE: You must attach a digital copy of your ELCI policy, together with a digital copy of the Certificate of Insurance that you are required to display in the workplace under the Employers’ Liability (Compulsory Insurance) Regulations with your tender. These digital copies may be either provided by your insurers or scanned by you. In any case they should be provided in Adobe Acrobat PDF format or in a standard digital image format (e.g. BMP, TIFF and JPEG). If you do not correctly attach these documents, we may not be able to consider further your tender submission. In the event that you are awarded this Contract and any of your insurance policies are due for renewal during the course of the Contract period, then you must submit documentary evidence of the renewal of your policies to the relevant Procurement Officer as soon as possible.
COMPLETED BY: Peter Dann
DATE: 26.3.2019
BEING DULY AUTHORISED TO SUBMIT TENDERS ON BEHALF OF
COMPANY: The Nursery Research & Planning Ltd
FORM OF TENDER - 001274 PAGE4 CORPORATE PROCUREMENT UNIT FORM OF TENDER Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
APPENDIX 3 PAYMENT METHOD
The British Library’s payment method for UK suppliers is by BACS (Bankers Automated Clearing Services). For non UK based suppliers the payment method is International Bank Transfer. Both methods are a more efficient and secure means of ensuring prompt payment to you, as funds are paid directly into your bank account. UK suppliers will receive an emailed remittance advice note and any bank charges are borne entirely by the British Library. Non UK based suppliers will receive a detailed remittance advice and any bank charges will be split between the supplier and the British Library.
NOTE: Should you be awarded a contract as a consequence of this tender exercise, we will be unable to raise an order to you and/or pay your invoice until the details below are provided.
BANK NAME AND BRANCH: BANK ADDRESS: ACCOUNT NUMBER(UK SUPPLIERS) SORT CODE(UK SUPPLIERS) IBAN NUMBER (INTERNATIONAL SUPPLIERS) BIC/SWIFT CODE (INTERNATIONAL SUPPLIERS) ACCOUNT CURRENCY (INTERNATIONAL SUPPLIERS)
Please provide details of your remittance address
SUPPLIER NAME: The Nursery Research & Planning Ltd POSTAL ADDRESS: 60-66 Wardour Street, London W1F 0TA
EMAIL ADDRESS (FOR REMITTANCE ADVICE): [email protected] EMAIL ADDRESS (FOR PURCHASE ORDERS): [email protected] TEL NUMBER: 020 7734 1166 CONTACT NAME: Accounts IS YOUR COMPANY AN SME (EU ONLY)*: YES
*Please click on the link for further information on SME’s (http://www.bl.uk/aboutus/supplying/smes/index.html).
FORM OF TENDER - 001274 PAGE5 CORPORATE PROCUREMENT UNIT FORM OF TENDER Writing: Making Your Mark Exhibition Summative Evaluation Brief 001274
FORM OF TENDER - 001274 PAGE6
THE BRITISH LIBRARY Corporate Procurement Unit Boston Spa Wetherby West Yorkshire LS23 7BQ www.bl.uk THE WORLD’S KNOWLEDGE
Peter Dann The Nursery Research and Planning Ltd 60-66 Wardour Street London W1F 0TA 28th March 2019
Dear Peter
CONTRACT AWARD LETTER FOR: WRITING MAKING YOUR MARK EXHIBITION SUMMATIVE EVALUATION BRIEF CONTRACT REFERENCE NUMBER: 001274 PURCHASE ORDER NUMBER: TO FOLLOW LENGTH OF CONTRACT: TO CONCULDE MID OCTOBER 2019
I am pleased to inform you that your recent tender for the above contract has been accepted at the fixed price of £10000.00 excluding VAT as set out in Appendix 1 hereto and as set out in the Nursery Research and Planning Ltd form of tender dated 26th March 2019 and associated tender documentation.
The Conditions of Contract which you agreed when you signed the Form of Tender have become binding with regard to the provision of the above Services only. Please note that no other terms or conditions of business are acceptable; any pre-printed conditions on your stationery must be deleted and the deletion signed by you.
The schedule of Contract documents is set out in Appendix 2 hereto.
The British Library Representative (BLR) for this contract is Sarah Byrne, British Library, London NW1 2DB. Please liaise as soon as possible with Hannah on telephone no 020 7412 7858 or via email [email protected] regarding commencement.
All invoices must bear Purchase Order Number to follow due to implementation of a new finance system and are to be submitted to Accounts Payable, The British Library, Boston Spa, Wetherby, West Yorkshire, LS23 7BQ or emailed to [email protected]
An acknowledgement of Contract Award Letter is enclosed; please complete this and return it as indicated.
Yours sincerely
NIKKI DRYDALE Procurement Officer [email protected]
AWARD LETTER – 001274
APPENDIX 1
APPENDIX 2
SCHEDULE OF CONTRACT DOCUMENTS
The schedule of contract documents is listed in date order below. All correspondence is available via The British Library’s e-tendering portal at www.bl.bravosolution.co.uk
1. Invitation to Tender dated 14th March 2019 from the British Library to The Nursery Research and Planning Ltd.
2. Tender document (including completed Form of Tender) dated 26th March 2019 from The Nursery Research and Planning Ltd to the British Library
3. This award letter dated 28th March 2019 and attached acknowledgement.
AWARD LETTER – 001274