The call for tenders to award 120 concessions for the collection of online gaming was published today in the European Official Journal.
We are attending the publication by the 'Customs and Monopolies Agency' ('ADM' - the Italian gaming regulator) of the entire tender documentation, consisting of the concession scheme, the tender specifications and the technical specifications.
At present, based on the summary information contained in the call, the terms and conditions requested from candidates for participation in the tender are indicated below.
The types of games covered by the concession are the following: fixed odds and tote bets on sporting events, also simulated, including those related to horse races, as well as on other events; sporting and equestrian betting pools; national horse racing games, skill games, including card games in tournament mode and in different mode, as well as fixed odds games of chance; fixed odds bets with direct interaction between the players; bingo.
Upon receipt of the notice of successful outcome of the verification of the requirements by the Customs and Monopolies Agency, the award is subject to the payment of the one-off amount of EUR 200,000.00.
The concession will run until 31 December 2022.
In the tender phase, each candidate must attach to the application form that will be published shortly on the Customs and Monopolies Agency website, a provisional guarantee (cash, government bonds, bank or insurance surety) of EUR 100,000.00 with a one-year validity from the submission of the application, renewable if the concession is made after this deadline.
The Customs and Monopolies Agency must assess whether the candidates meet the requirements and have fulfilled the obligations/conditions through a selection committee that will be appointed by an ad hoc measure and that will examine the applications for participation according to the chronological order assigned at the time of submission.
The candidate must prove the following.
1) That it is a gaming operator that exercises in Italy or in another State of the European Economic Area (“EEA”) a concession or authorization or other permit issued by a competent authority of the State in which the candidate has its registered office pertaining to one the games included in the Customs and Monopolies Agency’s portfolio. Operators in sectors other than the gaming sector or that operate in the gaming sector in non-EEA States may participate by demonstrating that they have recorded revenues of EUR 1,500,000 for the two-year period before the submission of the application, provided they have, through parent, subsidiary or related companies, an infrastructural technical capacity proven by an independent party’s report, and by providing a guarantee of EUR 1.5 million with a two-year validity.
2) That it has paid the contribution of EUR 500.00 to the National Anti-corruption Agency ('ANAC'), indicating the Tender Identifier Code 73435644B8 subject to prior registration in the AVCpass system.
3) That it has achieved in the last two financial years closed before the submission of the application revenues as a gaming operator relating to those games covered by the call for tenders or among the other games included in the Customs and Monopolies Agency’s gaming portfolio of not less than EUR 1,500,000. If this requirement is not met, it is possible to produce a report signed by an independent party that proves the infrastructural technical capacity through parent, related or subsidiary companies of the technical rules provided for in the call in accordance with Law No. 88/2009 and subject to the provision of a first-demand bank or insurance guarantee of EUR 1,500,000 with a two-year validity.
4) That it has no pending debts in respect of the Customs and Monopolies Agency in relation to the previously acquired concessions covering the operation of games.
5) That is has an information system dedicated to the operation of at least one of the types of games covered by the call with the characteristics specified in the technical rules of the call for tenders or, alternatively, that is has the infrastructural technical capacity also through parent, related or subsidiary companies proven by an independent party’s report that have achieved an amount of revenues of not less than EUR 1,500,000 in the last two financial years closed before the submission of the application. The dedicated technological infrastructures must reside in an EEA State.
The conditions of execution of the concession provide for the delivery of the guarantee to secure the obligations of the concession, to be given within the deadline and for the amount set out in the Administrative Rules and the Agreement Scheme, established in the form of a bond, in cash or securities of the public debt guaranteed by the State at the rate on the day of deposit, with a provincial treasury office or an authorized company as pledge in favour of the Customs and Monopolies Agency, or through a bank or insurance surety, issued by one or more banks, credit institutes or insurance companies that meet the solvency requirements laid down by applicable laws, in the form of an independent guarantee with respect to the main obligation, on first demand, all objections removed and with express waiver of the benefit of the principal debtor’s prior enforcement and of the exception referred to in Article 1957, paragraph 2, of the Italian Civil Code, and with the provision of the enforceability of the said guarantee within 15 days on simple written request of the contracting authority.
The application submission deadline is 19 March 2018 at 3.00 pm.
The envelopes will be opened on 19 April 2018 at 12.00 pm at the Customs and Monopolies Agency’s headquarters.
As soon as the entire tender documentation is made known, it will be possible to analyse further the conditions and requirements set out in the call for tenders.
It is expected that the Customs and Monopolies Agency will provide a link on the institutional website in the next few hours, in which each candidate can consult the tender documents, download the application form and read the answers to the questions received from the interested parties.