Tender Documentation
Contract No.
IWM/PPS/1065
Research study for the development of new learning spaces at IWM London
Tender Submission Return Date:
14.00 on 22 September 2014
Schedule 1 – Contract Conditions
1.0
Introduction
1.1
IWM (Imperial War Museums) is operated by the Trustees of the Imperial War
Museum, a charitable corporation established by statute.
Founded in 1917 to record the story of the Great War and the contributions to it
made by the peoples of the Empire, IWM is now the world’s leading authority
on conflict and its impact, telling the story of people who have lived, fought and
died in conflicts involving Britain and the Commonwealth from the First World
War to the present day.
Our unique Collections, made up of the everyday and the exceptional, reveal
stories of people, places, ideas and events across our five museums. We
challenge people to look at conflict from different perspectives, enriching their
understanding of the causes, course and consequences of war and its impact
on people’s lives.
IWM’s five branches are:





IWM London;
Churchill War Rooms;
HMS Belfast moored in the Pool of London;
IWM Duxford, Cambridge;
IWM North, Trafford, Manchester.
Each Branch provides a comprehensive range of permanent and temporary
exhibitions consisting of exhibits from the permanent collections integrated with
audiovisual interactive displays.
IWM is, in addition to its conventional museum role, a major national art gallery,
a major national archive of written and audio-visual records, and a research
centre. Our activities include display, education, publishing, research, trading,
conferences, as well as the acquisition, documentation, study and conservation
of collections.
1.2
IWM is a non–departmental public body (NDPB) overseen by a Board of
Trustees and its Chairman. Its sponsor department is the Department for
Culture, Media & Sport (DCMS).
1.3
Further information about IWM and all of our branches can be obtained from
our website on www.iwm.org.uk.
1.4
IWM is an exempt charity under the terms of the Charities Act 1993 Schedule 2
(u) and (w) and as such we do not have a Charity Registration No.
2.0
Contract Requirements
2.1
This Contract covers the appointment of a cultural learning consultant or
consortium to carry out desk and in situ research for IWM London.
3.0
Contract Period
3.1
The Contract is to run for a fixed period from Monday 20 October 2014 to
Friday 20 March 2015.
5.0
Payment & invoicing
5.1
Invoices, quoting the IWM Purchase Order to cover charges for all services
undertaken by the Contractor, are to be raised in three instalments to the
following payment schedule:
 On award of contract
 On presentation of the draft report
 Final payment on presentation of the final report
5.2
All invoices must be forwarded for prompt payment to:
Finance Department
IWM London
Lambeth Road
London
SE1 6HZ
5.3
IWM agrees to pay all invoices within 30 days of their receipt. However, should
there be a dispute over charges or the work completed in relation to the
contracted agreement, then the payment will be delayed until resolution has
been agreed, and the 30 days payment period will commence from the date of
resolution.
Schedule 2 - Specification
Brief
IWM (Imperial War Museums) is seeking a cultural learning consultant or consortium
to carry out desk and in situ research for IWM. IWM comprises five public branches:
IWM London (Lambeth Road), HMS Belfast, Churchill War Rooms, IWM North
(Salford Quays), and IWM Duxford (Cambridgeshire), as well as vibrant and growing
social media and digital spaces, and world class collections and archives.
On 19 July 2014 IWM London reopened to the public after a first phase of
redevelopment which has seen the launch of brand new atrium displays and a First
World War gallery as part of IWM’s centenary programme. Future phases of
redevelopment will include the introduction of new learning spaces; the Clore Duffield
Foundation is funding research and development to define the scope and shape of
these areas. IWM would like to appoint a consultant/consortium to carry out this work
during 2014, with the aim of submitting a final report by the end of March 2015.
The new learning spaces at IWM London need to reflect current best practice, be
true to the particular nature of IWM and include future aspirations. IWM has recently
developed a new Learning and Engagement Strategy (published February 2014), an
Audience Strategy (published December 2013) and a new Community Engagement
Strategy (to be published September 2014) and it is important that any new learning
spaces help IWM to deliver the aims outlined in these documents. These spaces
also need to be flexible and agile and work within the broader redevelopment plan for
IWM London. The initial scoping for this is being considered in the context of an
overall masterplan for IWM London which was drawn up by Foster + Partners.
Alongside new learning spaces will be plans for additional galleries and a new
entrance to the museum. The findings that come out of this report should not only
directly inform next steps for planning at IWM London, but should also be of wider
use within IWM and the broader museum and cultural sector. To note, IWM North is
currently reviewing its forward strategy. An options appraisal is underway which may
conclude that capital investment (and indeed, wholesale physical change to both
exhibition and learning spaces) is required. This research work will therefore feed
directly into the planning of this.
Background Information
IWM is the world’s leading authority on conflict and its impact, focusing on Britain, its
former Empire and the Commonwealth, from the First World War to the present. IWM
is unique in its coverage of conflicts, particularly those involving Britain and the
Commonwealth, from the First World War to the present day. We seek to provide for,
and to encourage, the study and understanding of the history of modern war and
'wartime experience'.
We are partially government-funded but rely on commercial activity, fundraising and
sponsorship to sustain our ambitious programmes.
IWM has a long term change programme to make it Fit for the Future (FFF). It is
premised on five guiding principles:





Audience-centred – we put users (both current and potential) at the centre of
all that we do
Relevant – our messages have a long-term impact on audiences and we
remain relevant in the world’s eyes
Continuously evolving – we strive to deliver excellence, bringing audiences
and stakeholders with us
High impact – we continue to build our brand worldwide
Effective and efficient – we focus on high impact activity, to maximise every
resource we have
IWM Vision and Brand
Our vision is:
To enrich people’s understanding of the causes, course and consequences of war.
Our big idea:
At the heart of everything that we do is one big theme/idea – the ‘force of war’ –
which inspires all our programming. War is a complex force that changes us – and
the world in which we live. The 'Force of War' can be interpreted in many different
ways, both negative and positive. It divides and unites, destroys and creates, brings
out the worst and the best. We make war and war changes us. War forces us to:
 Make difficult decisions
 Destroy and create
 Be at our worst and our best
 Forget and remember
Our values:
 Four values form the heart of our brand. They help to define how we feel and
act.
 They are to be:
 Courageous: we’re confident and have the courage to challenge the
established wisdom, championing debate and innovative approaches
 Authoritative: our deep and dynamic knowledge of our rich collections make us
the first port of call on the history of modern conflict, and sets standards of
excellence in everything we do
 Relevant: we strive to make everything we do relevant to contemporary
society, while maintaining a balanced and impartial point of view
 Empathetic: we’re sensitive to people’s emotions, respecting different points of
view and the deep significance of our collections
Learning at IWM
Learning and public programmes at IWM provide opportunities for a wide range of
people and communities to engage with the museum’s collections and for staff to
provide for, and encourage, the study and understanding of the history of modern
war and 'wartime experience.' Each branch delivers learning programmes that
respond to their particular audiences and remit. These audiences range from family
and community groups, schools, teachers and educators, to adult learners, veterans
and Holocaust survivors and their families.
There are three Learning teams – one covering the London branches (IWM London,
HMS Belfast and the Churchill War Rooms) and the other two at IWM North and IWM
Duxford. The role of these teams is to create and deliver learning activities through
the formal (schools) and informal (non-school) programmes.
A number of other departments including Events, Collections Access, National and
International Programmes and Projects, Volunteer Programmes and Research also
contribute to the learning and public programme and interact and work with public
through a range of talks, events, lectures, workshops, volunteer opportunities and
placements.
Our current learning spaces at IWM London are broadly used as follows:
 4 teaching rooms: Used by school groups for booked learning sessions during
the week in term times. These sessions involve pupils engaging in discussions
and activities around our subject matter and are followed or preceded by a
visit to our galleries. During weekends and holidays these spaces are
sometimes used by youth and community groups as well as families engaging
in our informal programme.
 1 on-gallery space: This is adjacent to our Family in Wartime exhibition and is
used for school learning sessions linked to the Second World War home front
during term time and as a hub for informal activity during holidays
 Explore History: This is a walk-in space off the main galleries, open every day
without appointment. The public can access the IWM database of collections,
across art, books, documents, exhibits, film, photographs and sound. In-depth
research can be conducted in an adjoining Research Room. Access is also
provided in Explore History to e-resources, including subscription sites. Books
and current periodicals are available on open shelves, and knowledgeable
staff on-hand to help. A new display in Explore History will open in July 2014
focusing on how visitors can engage with IWM’s major new digital project,
‘Lives of the First World War’.
 Cinema: Used during the daytime and evening throughout the year for
corporate hire, as well as for larger public programme talks, screenings and
events including the forthcoming FWW lecture series, War Story talks and
Short Film Festival
 Conference Room: Used during the daytime and evening throughout the year
for corporate hire, sixth form conferences and CPD events, as well as for
smaller public programme talks and events
 In addition, we deliver public talks and tours in all our gallery spaces and from
July 2014 have introduced three new learning trollies supported by the Clore
Duffield Foundation. These trollies will be in use in our new atrium space every
Sunday and during school holidays as a hub for family activities and a means
to encourage visitors to engage with our collections and subject matter
 IWM is also developing digital learning resources and materials about war and
conflicts since c.1900 for those who cannot physically access our branches.
We have done this by creating a Digital Learning Group to create a consistent
cross branch approach to digital learning.
A research study for the development of new learning spaces at IWM London
I. Aim of this work
The aim of this work is to develop a realistic, practical, yet aspirational proposal for
the development of learning spaces, initially at IWM London. The report needs to
build on current good practice whilst taking into account the broader changes in
museum learning and IWM London’s future plans for redevelopment. It needs to set
out a clear direction of travel, yet enable flexibility. It also needs to reflect IWM’s
ambition to be positioned as a pioneer of new ways of delivering learning.
II. Stakeholders and End Users
We anticipate that wide-ranging research will be required to understand what makes
physical spaces excellent for learning. Consultation with the following key
stakeholders will be essential:
Internal Stakeholders
 Director of Public Programmes
 Assistant Director of Public Programmes
 Head of Learning and her teams at IWM London
 Heads of Learning at IWM North and IWM Duxford
 The Digital Learning Group (a cross IWM group of learning officers)
 Head of National and International Programmes & Projects and her team
 Head of Strategy and Planning and Section Head of Projects, Planning and
Strategy
 Head of Collections Access
 Head of Digital Media
 Programme Director, Regeneration
 Assistant Director, Commercial
 Head of Events and her team
 Volunteers Manager
 Head of Trusts and Foundations
The study will feed and influence other IWM departments that develop and support
public engagement and learning programmes, including Research & Information,
Exhibitions, Events, Research, Development, Digital Media, the Volunteer
Coordinators, Visitor Services, Collections, Marketing, and Collections Access. We
will also use some of the findings for advocacy and in future fundraising applications.
External Stakeholders
 Foster + Partners
 Clore Duffield Foundation
End Users
 Schools
 Colleges and universities
 Adult learners
 Families
 Young people visiting outside of formal education





Serving military personnel
Veterans
Community groups
Visitors to Explore History
Corporate clients and end users
III. Purpose
The report will be designed to:
 Review the use and suitability of our current learning spaces and define the
best approach for developing new spaces which can work with a range of
learning audiences from schools and families, to community groups and
adults
 Consider the potential of designing flexible spaces which can be successful in
delivering excellent, innovative and effective learning for these audiences, as
well as for corporate events and hire
 Reflect likely developments in museum learning in response to external
factors including National Curriculum changes and the growth in online/digital
learning
 Make the most of IWM digital projects including Lives of the First World War
 Enable IWM to make a strategic shift towards integrating digital learning
practice and activity into our programming. Our learning spaces should
enable better digital learning through relevant engagement with our
collections. This should seamlessly tie into our digital approach for learning
on gallery, so that the learning spaces work together with wider museum
spaces and have closer proximity to our displays and exhibitions
 Develop alongside broader plans to continue the structural redevelopment
(‘Regeneration’) of IWM London including exploring ways in which learning
spaces can have greater visibility within the museum
 Help IWM deliver its aims as outlined in its new Learning and Engagement,
Audience Development and Community Engagement Strategies
 Build on existing good practices across our branches and platforms as well as
stretching and expanding our horizons and activity
 Reflect and flex in response to current and future resources
 Reflect and implement our brand values
 Reflect IWM aspirations (Fit for the Future)
 Highlight lessons learnt from other learning spaces at museums and cultural
organisations within the UK and abroad
 Explore approaches beyond the sector (for example new build schools and
colleges) and highlight best practice in the development of effective learning
spaces that can be applied to museum learning
This piece of work will not:
 Create a set of learning programmes
 Cover the use of IWM London’s Research Room
 Include requirements for office space for the Learning and Booking teams, as
this will be covered under another scope of work
 Exclusively create the blueprint of the new spaces
 Estimate income from the use and hire of spaces
Schedule 3 - Tender Information
Tenderers are requested to include all of the above information within their tender
submission and to complete and supply the information requested in the
Questionnaire attached as Schedule 4. Failure to submit any information may result
in your tender being rejected.
1.0
Deliverables and Outputs
Deliverables
 Involve internal and external stakeholders in examining the potential of new
learning spaces in relation to our visitors, the existing masterplan for IWM
London and our public programme for all learners
 Evaluate our current learning spaces including their uses and limitations. This
evaluation should cover the teaching rooms, school facilities (including picnic
and bag rooms) and the delivery of learning sessions delivered ’on-gallery’, as
well as the Conference Room, Cinema and Explore History to provide a
holistic view of all spaces used for learning at IWM London
 Lead consultation sessions with potential audiences and users of these
spaces including teachers, tutors and youth leaders
 Lead consultation sessions with internal stakeholders, external advisers and
experts (including advisors on the impact of technology on learning activity) to
understand and agree current practices as well as future aspirations and
needs
 Arrange visits and look at lessons learned from current Learning Centres in
museums and cultural organisations (many of them already funded by Clore)
around the country
 Arrange visits to newly built schools, colleges and other venues where
appropriate to discuss innovations in design and uses of technology as an
educational tool
 Carry out desk research and interviews and involve leading experts and
‘future-thinkers’ from the learning, culture and technology sectors, perhaps
through the formation of an expert adviser panel.
Outputs
 A written report that encompasses a summary of best practice and key
recommendations for new learning centres that would be useful to any
museum or gallery – if appropriate, this could be positioned as an update to;
Space for Learning: A Handbook for Education Spaces in Museums, Heritage
Sites and Discovery Centres (2004)
 A visual record (photographs, short films) of the spaces visited
 A set of recommendations specific to the development of new learning spaces
at IWM London
 A broader summary of findings which can be of use to the other IWM branches
as well as the wider cultural sector
 A draft will be reviewed by the key stakeholders before being finalised.
Project Approach
We are open to proposals on how best to carry out the work. We envisage that the
consultant will interact with teams in all branches but we encourage consultants to
put forward their own suggestions as to how to conduct the work. For example this
might mean working as a consortium using the expertise of educational architects
and communication professionals. We also envisage that it will be possible to build
on previous pieces of thinking and work on learning and engagement.
The Director of Public Programmes, Assistant Director of Public Programmes, the
relevant Heads of Departments and the selected consultant will make the final
decisions on approach.
Timescale
We would like the final report to be completed by Friday 20 March 2015 (with a
first draft submitted by Friday 16 January 2015)
2.0
Budget
2.1
The budget for this work is £20,000 (exclusive of VAT). This includes all
expenses and materials. There will be a separate budget to cover IWM staff
expenses associated with travel to other learning centres and to cover any work
undertaken by Foster + Partners on the project.
2.2
Costs must include all statutory fees, charges as applicable to fulfil the
Contract. If any such fees have been omitted from the Costs, then the
Contractor will be solely liable for covering these Costs.
2.3
Costs for this Contract are to remain fixed at the budgeted amount of £20,000.
3.0
Management of the Contract
3.1
Tenderers are required to provide details of the management structure to
support this Contract.
4.0
Contract Award Procedure
4.1
IWM will review the tenders based upon the following responses to the brief





Proposed project approach to brief (5)
Allocation of budget (5)
Proposed timetable (3)
Support and involvement expected of IWM staff (4)
Proof of relevant experience and references (at least two) (4)
The figures in brackets are weightings which will be used to assess each
criterion
4.2
Each tender will be assessed within the categories covered in the tender, and
shortlisted tenderers will be invited to IWM London on 15 and 17 October 2014
to attend a meeting with IWM representatives to discuss their tender.
5.0
Tender Return
Tenders must be returned by 2pm on Monday 22 September 2014.
Two hard copies and an electronic copy are required and the latter may be sent by
email to Sophie Clark on sclark@iwm.org.uk or with the hard copies on disk or USB
stick.
Address details can be found in the contacts list in section 7 at the back of the tender
document. Please contact Sophie prior to issue to ensure that she receives the
tenders.
6.0 Contacts
If you would like an informal discussion around the information contained in this brief,
please contact Sophie Clark, Assistant Director, Public Programmes,
sclark@iwm.org.uk, 020 7091 3126
Schedule 4 – Questionnaire
COMPANY QUESTIONNAIRE
All information supplied will be treated as strictly private and confidential and will not
be divulged to any other parties other than those directly involved in the project.
Part A – If your company subscribes to Constructionline then you will not be
required to complete or send the information requested within the
following sections.
Section 1 – General Company Information
1 Name of Company:
2 Registered Office Address:
3 Company Registration Number:
4 Year of Registration:
5 Telephone No:
6 Fax No:
7 E-mail Address:
8 Nature of Business and Range of Services:
9 Please indicate, if applicable, any subsidiary companies run by your company:
10 If part of a group, please indicate the details of the ultimate holding company:
11 VAT Registration No:
Section 2: Staffing/Management
12 Please identify the number of staff employed. Please indicate numbers of full-time
and part-time staff:





Director(s):
Managers:
Technical:
Administration:
Operations:
Section 3: Financial/Banking
13 Status of Company:
14 Bank and Branch Address:
15
Please provide one of the following:A copy of your audited accounts for the most recent two years;
A statement of your turnover, profit and loss account and cash flow for most
recent year of trading;
 A statement of your cash flow forecast for the current year and a bank letter
outlining the current cash and credit position;
 An alternative means of demonstrating financial status if trading for less than a
year.


Section 4: Policy/Procedures
16 Please provide copies of the following policies:



your outline health & safety policy
your outline environmental policy, inclusive of your sustainability policy
your equal opportunities policy
17 Please complete the following with regards to your company’s insurance policies:
Employer’s Liability (if applicable to £1m):
Policy No:
Expiry Date:
Limit of Indemnity:
Public Liability (to £1m):
Policy No:
Expiry Date:
Limit of Indemnity:
Professional Liability (to £1m):
Policy No:
Expiry Date:
Limit of Indemnity:
Please include a copy of the insurance certificate for each policy.
18 Have you been prosecuted under any relevant employment legislation in the last
five years? If the answer is Yes, please provide details of the incidence and the
outcome.
Part B – All companies are required to respond and submit the appropriate
information required from the following sections
19 Address of Office to support the Contract:
20 Please illustrate diagrammatically, the structure of your company, showing the
inter-relationships with other members of the group, and how the management of
this contract fits into the company’s management structure:
21 Annual Staff Turnover (in percentage format):
22 Name of Employee responsible for the management of the Contract:
23 Please submit your project team structure for the delivery & management of the
Contract, inclusive of the full CV’s for each team member identified?
24 Please identify whether you plan to use any sub-contractors to deliver any
services within the Contract. If so, please:



identify those services that would be undertaken by the sub-contractor(s)?;
the name of any nominated sub-contractor(s)?, and;
your methodology of appointment and management of the subcontractor(s)?
25 Please provide a summary of your Quality Management (QM) procedures.
26 Please provide copies of the following policies (if applicable):

your training policy
27 Do you have a Business Continuity Plan (BCP), or equivalently titled document?
If so;



what are the key risks and what are the control mechanisms in place?;
how often and to what extent is the BCP tested?;
how is the BCP managed and reviewed by your Board of Directors?
28 Please provide a statement of assurance that you are committed to counter
bribery, and please advise of any cases or convictions for bribery made against
the company?
29 Please provide summaries (no more than two sides per project) of three
current/recent projects.
Schedule 5 – Terms & Conditions
The following represent the terms and conditions that will apply to this contract.
1.0
Definitions
1.1
In these conditions "the Contract" means the agreement concluded between
IWM and the Contractor including all specifications, plans, drawings and other
documents (the “Materials”) which are relevant to the Contract and also such of
these Conditions as are included in these terms and conditions of the Contract.
1.2
The following provisions shall have effect with respect to the interpretation
of the Contract except where the context otherwise requires:















"IWM" means the Imperial War Museums (as operated by the Trustees of
the Imperial War Museum, a charitable corporation established by statute;
"The Contractor" means the person who by the Contract undertakes
to render such Service for IWM as is provided by the Contract;
"The Contract Price" means the price exclusive of Value Added Tax,
payable to the Contractor by IWM under the Contract for the full and
proper performance by the Contractor of his part of the Contract as
determined under the provision of the Contract;
“Deliverables” means the research study for the development of new
learning spaces at IWM London;
"Designated Officer" means the individual appointed for the time being by
IWM as the responsible official for the purposes of this Contract;
"Employees of IWM" includes persons (and the personal representative of
any person) who are employees of IWM when any relevant Personal
Injury or Loss of Property occurred, even if he has ceased to be such
before any payment in respect of the Personal Injury or Loss of Property
is made, and where they have ceased to be such by reason of their
deaths, include their personal representatives;
"Loss" means destruction;
"Loss of Property" includes damage to property, loss of profits and loss of
use;
"Month" means calendar month unless otherwise defined;
"Personal Injury" includes sickness and death;
"The Premises" mean the premises described within the specification;
"The Services" mean all services which the Contractor is required under
the Contract to supply;
"The Specification" means the description and specification attached
to the tender;
“Intellectual Property Rights” means patents, Trade Marks, trade names,
design rights, copyright (including rights in computer software and moral
rights), performers’ rights, database rights, and other Intellectual Property
Rights, in each case whether registered or unregistered and including
applications for the grant of any of the foregoing and all rights or forms of
protection having equivalent or similar effect to any of the foregoing which
may subsist anywhere in the world.
“Background IPR” means all Intellectual Property Rights excluding
Foreground IPR, owned by either IWM or the Contractor prior to their
accession to this Contract, as well as any Intellectual Property Rights
pertaining to such information, the application for which has been filed
before their accession to this Contract, and which is needed for creating



the Deliverables or for using Foreground IPR in accordance with this
Contract.
“Foreground IPR” means all Intellectual Property Rights in the
Deliverables arising as a direct result of and in the performance of this
Contract.
“Third Party IPR” means Intellectual Property Rights, not owned by
Parties subject to this Contract.
"Sub-Contractor" means any person, firm or company under contract
to the Contractor to perform work or provide professional services and/or
supply goods and includes any other person or persons taken as a
partner or director by such person, firm or company during the currency of
the Contract and the surviving member or members of any such firm or
company.
1.3
The headings to these Conditions shall not affect the interpretation thereof.
1.4
Any notice or other communication whatsoever which IWM are required or
authorised by the Contract to give or make to the Contractor shall be seen to be
given if sent by post in a prepaid letter addressed to the last known address of
the Contractor and that the letter is not returned undelivered by the Royal Mail
shall be deemed for the purposes of the Contract to have given or made at the
time at which the letter would in the ordinary course of post be delivered.
1.5
The masculine includes the feminine.
1.6
The singular includes the plural and vice versa.
1.7
Reference to any enactment, order, regulation or similar instrument, shall be
construed as a reference to the enactment, order, regulation or instrument as
amended by any subsequent enactment, order, regulation or instrument.
2.0
Agreement Period
2.1
This Agreement covers work commencing on Monday 20 October 2014 and
continues until Friday 20 March 2015.
2.2
Any extension to this will be the subject of further agreement between the
parties.
3.0
Schedule of Work
See brief
4.0
Fee and Terms
4.1
The total fee for the consultancy is £20,000. This includes all travel costs,
expenses and materials.
4.2
This fee will be paid in three instalments on the successful completion of the
work as follows:
•
•
•
On award of contract
On presentation of the draft report
Final payment on presentation of the final report
4.3
All payments will be made within 30 days of the receipt of invoices.
5.0
Termination
5.1
This Agreement may be terminated by either party given one week’s notice in
writing.
5.2
In the event of early termination under 5.1, both parties will determine the
extent of the Work undertaken at the point of termination, and agree the final
payment due under this Agreement.
5.3
This Agreement shall be determined by the laws of England.
5.4
Any dispute shall be referred to and determined by a sole arbitrator pursuant to
the Arbitration Act 1996.
6.0
Bankruptcy
6.1
IWM may terminate the Contract by written notice having immediate effect if:
a)
b)
c)
the Contractor undergoes a change of control, within the meaning of
Section 416 of the Income and Corporation Taxes Act 1988, impacting
adversely and materially on the performance of the Contract; or
where the Contractor is an individual or a firm, any partner in the firm
becomes bankrupt or has a receiving order or administration order made
against him; or makes any compromise or arrangement with or for the
benefit of his creditors; or appears unable to pay a debt within the
meaning of Section 268 of the Insolvency Act 1986; or any similar event
occurs under the law of any jurisdiction within the United Kingdom; or
where the Contractor is a company, and shall pass a resolution or the
Court makes an order that the Contractor shall be wound up otherwise
than for the purpose of solvent reconstruction or amalgamation; or a
receiver, manager or administrator is appointed on behalf of a creditor in
respect of the Contractor’s business or any part of it; or the Contractor is
unable to pay its debts within the meaning of Section 123 of the
Insolvency Act 1986; or any similar event occurs under the law of any
other jurisdiction within the United Kingdom.
6.2
IWM may only exercise its right under clause 5.1(a) within 3 months after a
change of control occurs and shall not be permitted to do so where it is agreed
in advance to the particular change of control that occurs. The Contractor shall
notify IWM immediately when any change of control occurs.
7.0
IPR
The copyright in any documents/materials produced as a result of this
Agreement will be vested solely with IWM.
8.0
Data Protection & Information Security
The Consultant is required to ensure that in all its work he complies with the
Data Protection Act 1998, IWM’s Data Protection Policy, and IWM’s Information
Security Policy.
9.0
Freedom of Information Act 2000
9.1
IWM is subject to the provisions of the Freedom of Information Act 2000
(“FoIA”). FoIA obliges IWM to release certain information to third parties upon
written request, unless subject to one of the exemptions under FoIA.
9.2
All information produced by the Consultant for IWM as part of the Agreement is
subject to the FoIA, regardless of where it is stored, and if this information
forms part of an FoIA request to IWM, the Consultant is required to supply this
information to IWM, at no extra cost, within 10 days of the issue of the request.
10.0 Confidentiality
Any confidential information acquired by the Consultant in their undertaking of
this agreement, must not be disclosed to anyone without the agreed authority
from IWM, unless this is related to any legal or statutory requirement.
11.0 IWM Computer Use Policy
The Consultant is required to sign a copy of IWM’s Computer Use Policy, which
is an Appendix to this Agreement.
12.0 Contractor's Property
All property of the Contractor while at the Premises shall be at the risk of the
Contractor and IWM shall accept no liability for any loss or damage howsoever
occurring thereto or caused thereby except where any such loss or damage
was caused or contributed to by any act, neglect or default of any employee of
IWM at the Premises acting in the course of his employment. IWM shall accept
liability to the extent to which such loss or damage is so caused or contributed
to as aforesaid.
13.0 Variations of Contract
Any variation of any provision of this Contract must be effected in writing issued
by IWM Designated Officer, and no purported variation by any other means
shall bind IWM. All variations to this Contract will be submitted in writing to the
Contractor using the Variation Notice shown as Appendix 1 to these terms and
conditions of contract.
14.0 Assignability and Transferability
Neither party may assign any rights under this Contract without the written
consent of the other party, which is not be unreasonably withheld, and any
attempt to do without that consent shall be void.
15.0 Status of the Consultant
Nothing in this Agreement shall render or be deemed to render the Consultant
an employee or agent of IWM. This Agreement does not create any mutuality
of obligation between the Consultant and IWM.
16.0 English Law
The Contract shall be considered as a Contract made in England and subject to
the law of England.
17.0 Agreement
We agree to the terms and conditions above:
Name ……………………………………….
Signed ………………………………………………………………………….
Date…………………………………………………….
On behalf of the Trustees of the Imperial War Museum:
Signed ………………………………………………………………………….
Date …………………………..
Print name and position
……………………………………………………………………
.
Appendix 1 – Variation Notice
VARIATION TO CONTRACT
Contract Title:
Contract Ref: IWM/
Variation no:
Date:
Between:
The Trustees of the Imperial War Museums(hereinafter called ‘IWM’) and
(hereinafter called the ‘Contractor)
1.
The Contract is varied as follows:
Details of Variation:
.
Variation effective from:
2.
Words and expressions in this Variation shall have the meaning given to them
in the Contract.
3.
The Contract, including any previous Variations, shall remain effective and
unaltered except as amended by this Variation.
SIGNED:
For:
IWM
For:
By:
By:
Full Name:
Full Name:
Position:
Position:
Schedule 6 - Tender Timetable
The following represents an outline timetable for the award of the contract
Tender Issue Date
29 August 2014
Tenders Return
22 September 2014
Tender Evaluation
22 to 26 September 2014
Interviews
15 and 17 October 2014
Appointment
20 October 2014
Interim report delivery
16 January 2014
Interim report delivery
20 March 2015
Section 7 – IWM Contract Selection Team
The following IWM staff are responsible for the tender process and the award of the
contract.
Samantha Heywood
Director of Public Programmes
Imperial War Museums
Lambeth Road
London
SE1 6HZ
T – 020 7091 3088
E-mail: sheywood@iwm.org.uk
Sophie Clark
Assistant Director of Public Programmes
Imperial War Museums
Lambeth Road
London
SE1 6HZ
T – 020 7091 3126
E-mail: sclark@iwm.org.uk
Helena Stride
Head of Learning, London Branches
Imperial War Museums
Lambeth Road
London
SE1 6HZ
T – 020 7091 3125
E-mail: hstride@iwm.org.uk
Simon Bourne
Head of Procurement & Project Management
Imperial War Museums
Lambeth Road
London
SE1 6HZ
T – 020 7416 5257
E-mail: sbourne@iwm.org.uk
Chris Cast
Procurement Manager
Imperial War Museums
Lambeth Road
London
SE1 6HZ
T – 020 7091 3060
E-mail: ccast@iwm.org.uk