Open procedure for licensing the T2S Connectivity Services (G858 010/10)

Quantità o entità

The object of the procedure is the granting of up to two Licences enabling each selected Network Service Provider to design, implement, deliver and operate its own connectivity solution intended to exchange business information securely, in the ISO 20022 standard, between the Directly Connected T2S Actors and the T2S Platform, in compliance with the technical specifications and requirements described in the Annexes to the "Awarding Rules".No Network Service Provider may hold more than one Licence at the same time.

Informazioni aggiuntive

This notice is issued on the basis of the decision of the Banca d'Italia to "determine on contract" prot. No 575168/11. The number of the CIG (identification code) is 295201717E.

The officer of Banca d'Italia responsible for the procedure is Mr. Andrea Cividini, head of the "Elaborazioni e Infrastrutture" Department. For all matters not provided in this notice express reference is made to the "Awarding Rules" and its Annexes, which form part of the notice itself and which are published on the websites www.bancaditalia.it and www.ecb.europa.eu.

On pain of exclusion from the procedure, the offer must be submitted in a single parcel sealed with sealing wax, adhesive tape or equivalent means in such a way as to render evident any tampering with the content and such a parcel must bear the name or corporate name of the candidate (as detailed in the Awarding Rules for groups) and the caption “Open procedure for licensing of the T2S Connectivity Services (G858 10/10)” or equivalent statements which make clear the purpose to participate to this selection procedure. On pain of exclusion the parcel shall contain two separate envelopes, which must be properly sealed as noted above and must bear the following captions: “Administrative and Technical documentation" and "Economic offer”.

The documentation concerning the offer has to be drafted in English.

The “Administrative and Technical documentation” envelope must contain:

1) the administrative documentation specified in letters A, B, C, D, E and F of Annex 3 of the Awarding Rules (see pages 1 and 2 Annex 3) preferably in conformity with the forms provided in Annex 3/A, 3/B and 3/C; the documents and declarations provided in letter A) and F) of Annex 3 shall be issued on pain of exclusion. 2) a copy of the "Licence Agreement" and its Attachments and of the "Technical Overview of the T2S environment" initialled on each page and at the end to signify full acceptance; an outline description of the technical proposal and of the characteristics of the connections that shall be provided if a Licence is awarded, to be used for information and clarification.

The documents, on pain of exclusion, must be signed by the candidate's legal representative or by a person with specific powers of signature in the name and on behalf of the candidate (demonstrated by the enclosure within the "Administrative and Technical documentation" envelope of an authenticated copy of the documentation attesting to such powers of signature). The declarations issued on the basis of the Presidential Decree N° 445/2000 must also be accompanied, on pain of exclusion, by a photocopy of the signatory’s identity document (e.g. passport) as indicated in the Awarding Rules.

The self-attested declaration referred to in Form B of Annex 3 must be submitted by the subjects indicated in the "Awarding Rules" and in Annex 3 for individuals or groups (as indicated in paragraph 4 of the "Awarding Rules"). Candidates may subcontract and/or rely on the capacities of other entities: in such cases they have to present the documentation indicated in paragraphs 5 and 6 of the "Awarding Rules".

The "Economic offer" envelope must contain: on pain of exclusion, the economic bid, duly signed, drafted in conformity with the model set out in Annex 4 of the Awarding Rules and the Business Plan drafted in conformity to par. 2.3 of the Awarding Rules.

The parcel must be delivered, on pain of exclusion, before the time specified in IV.3.4 of this "Contract Notice" to: Banca d'Italia - Servizio Elaborazioni e infrastrutture - Divisione Acquisizione beni e servizi informatici - Via Nazionale 91 - 00184 Rome (Italy).

Every supplementary information and/or request for clarifications must be sent to the contact points indicated in point I.1, according to the formality indicated in the "Awarding Rules", paragraph 2.5, by the end of the fifth working day before the expiry date in point IV.3.4.

The Candidates must pay to the Italian Public Contracts Supervisory Authority the contribution fee of 500,00 EUR according to the terms and modalities indicated in Annex 3 of the Awarding Rules.

Pursuant to Art. 46, par. 1bis, of the Code a candidate shall be excluded in the following cases: i) the content and the origin of the offer are totally uncertain, due to the lack of signature or other essential elements; ii) the parcel or the envelopes are not intact or properly sealed, so that it may be deemed, according to factual circumstances, that the secrecy of the offer is no longer ensured; iii) the legal requirements set out in the Code, in the Presidential Decree 5.10.2010, n° 207 or in other applicable laws are not fulfilled.

At any moment the Banca d'Italia may request from the candidates information about the offer and assign a deadline to reply.

The award procedure shall be carried out by a selection Panel appointed by the Banca d'Italia after deadline for the submission of the offers.

All the Panel's decisions shall be formally communicated — through the Banca d'Italia — to the candidate(s) concerned. Pursuant to Art. 81 of the "Code", the Banca d'Italia reserves the right to not award one or even all the two licences if the bids received are not deemed to be adequate or convenient, upon a proposal by the Panel. The contracting Authority, if necessary, may postpone the date of the "Licence Agreement" signature. Such postponement shall be promptly communicated.

The Connectivity Services to be provided by the Network Service Providers are strictly dependent on the establishment of the T2S Platform which is still in progress, therefore the Licences shall not be awarded if the T2S project fails in the course of this selection procedure and the candidates shall not have any claim against the Eurosystem Central Banks or the Banca d'Italia. Should the failure of the T2S project occur after the end of the selection process, the Licences shall be immediately revoked and the selected Network Service Providers shall not have any claim against the Eurosystem Central Banks or the Banca d'Italia, except to the extent required by Italian mandatory law.

In any case, all the costs sustained for participation in this selection procedure shall be born solely by the candidates.

The final award and the Licence therein incorporated may be revoked in the case of:

— untruthfulness of the self-attested declarations or ascertained failure to fulfil the participation requirements or in case of loss of the essential requirements by the Network Service Providers,

— unsuccessful completion of the Proof of Concept Test according to Art. 4.4 of the "Licence Agreement" with consequent award to the candidate ranked highest in the ranking list behind those which were awarded a Licence,

— failure to deliver the Guarantee provided in par. III.1.1 and in par. 3 of the Awarding Rules,

— termination of the "Licence Agreement" according to Article 17 of the said Agreement,

— sudden occurrence of public interest reasons, modifications of the factual situation – including the failure of the T2S project – or new evaluation by the Eurosystem of the original public interest.

In such case, the selected Network Service Providers shall not have any claim against the Eurosystem or the Banca d'Italia except to the extent required by mandatory law. The contracting Authority reserves the right to execute a public draw in the case of bids offering the same amount and to award to the candidate ranked highest in the ranking list behind those which were awarded a Licence in the case of unsuccessful completion of the Proof of Concept Test according to Art. 4.4 of the "Licence Agreement".

The "Licence Agreement", in Art. 22, contains an arbitration clause. The Network Service Provider shall have the right to reject such clause within 20 days of notification of the award (Art. 241 of the "Code").

Informazioni sui termini di presentazione di ricorso

Any claim to the Tribunale Amministrativo Regionale must arrive within 30 days of the notification or communication of the act contested, or within 30 days of the time when the person concerned obtains full knowledge of such act, or within 30 days of the date of expiration of the term of publication (if this is required by law or regulation), for acts for which individual notification is not required.