Common use of OBJECT OF THE PROCEDURE Clause in Contracts

OBJECT OF THE PROCEDURE. The object of this procedure is the granting of up to three Concessions which will enable the holder (hereinafter also “Network Service Provider” or “NSP”) to design, implement, deliver and operate its own connectivity solution intended to securely exchange business information between the market participants connected via them and the Eurosystem market infrastructures through the ESMIG. The Connectivity Services to be provided by the selected NSP(s) are detailed in the “Concession Contract” (Annex AR.1) and its Attachments annexed to these Awarding Rules. This Annex together with the “Administrative documentation templates” (Annex AR.2) are integral parts of these Awarding Rules. Each of the selected NSPs may not hold more than one Concession at any given time. The Concessions will be awarded to up to three candidates offering the lowest maximum prices as specified in par. 2.5 of these Awarding Rules for the set of services listed in the Busta economica (see par 2.5 below). The estimated value of the three concessions as a whole is € 541.700.065,00. This estimate is based on: – the current annual traffic volume for T2 (i.e. 250.000.000 msg SnF; 800.000 msg RT; 100.000 files SnF; 1.000.000 MB via U2A) and T2S (i.e. 2.200.000.000 msg SnF; 8.000.000 msg RT; 1.000.000 files SnF; 3.000.000 MB via U2A) and some assumptions regarding the future traffic volume of TIPS and other services like ECMS; – the current market prices for T2 and T2S connection services and some assumptions on TIPS connection services prices. Pursuant to Article 168 of the Code, in order to allow the concessionaires to recoup the investments made in operating the services together with a return on invested capital and also in order to ensure to the newcomers the possibility to access to this market, the concessions will last ten years. The evaluation of the offers will be based on the criteria described in par. 2.5 below. The Banca d’Italia will sign, in the interest and in the name of the Eurosystem, with each of the selected NSPs a Concession Contract governed by the Italian law as laid down in the Annex AR.1 governing the contractual relationship. The Banca d’Italia and the Eurosystem will not be involved in the contractual relationship between the selected Network Service Providers and their customers. Following up on the award of the Concession Contracts, it is expected that Eurosystem central banks will conduct procurement procedures, in line with Directive 2014/24/EU2 and with the applicable national procurement law regimes, with the purpose of awarding contracts for the provision of connectivity services on the basis of the terms contained in the Concession Contracts. These procurement procedures may be conducted by individual Eurosystem central banks or jointly by two or more Eurosystem central banks. The Concession and the Concession Contract will have a term of ten (10) years from the Go-Live Date (as defined in the Concession Contract, Art. 1.1). In case of termination of one or more Concessions after the award but before the expiry of the 10 years term, the contracting authority may, at its sole discretion: not award a replacement concession; or award one or more replacement concessions to the candidate(s) in the selection procedure ranked highest behind those which were awarded a Concession; or launch another selection procedure to award one or more replacement concessions, if the ranking list doesn’t allow for the previous option. The above-mentioned replacement Concession shall last for ten (10) years from the successful conclusion of the Compliance Check that shall take place according to the “Timing” provisions set forth in Article 3.1 of the Concession Contract. The number of Concessions will not exceed three at any given time. All activities carried out in the Banca d’Italia’s premises will be subject to the provisions of the Italian law concerning safety at work. In particular, workers shall be informed about the so-called “risk of interference”, i.e. the risks potentially arising from the work performed in the same period and in the same venue by more than one economic operator. To this end, suitable documentation3 will be provided to the NSP(s) and – if needed – to the their sub-contractor(s). National safety laws must be complied with in relation to activities performed in other Central Bank’s premises.

OBJECT OF THE PROCEDURE. The object of this procedure is the granting of up to three Concessions which will enable the holder (hereinafter also “Network Service Provider” or “NSP”) to design, implement, deliver and operate its own connectivity solution intended to securely exchange business information between the market participants connected via them and the Eurosystem market infrastructures through the ESMIG. The Connectivity Services to be provided by the selected NSP(s) are detailed in the “Concession Contract” (Annex AR.1) and its Attachments annexed to these Awarding Rules. This Annex together with the “Administrative documentation templates” (Annex AR.2) are integral parts of these Awarding Rules. Each of the selected NSPs may not hold more than one Concession at any given time. The Concessions will be awarded to up to three candidates offering the lowest maximum prices as specified in par. 2.5 of these Awarding Rules for the set of services listed in the Busta economica (see par 2.5 below). The estimated value of the three concessions as a whole is € 541.700.065,00. This estimate is based on: – − the current annual traffic volume for T2 (i.e. 250.000.000 msg SnF; 800.000 msg RT; 100.000 files SnF; 1.000.000 MB via U2A) and T2S (i.e. 2.200.000.000 msg SnF; 8.000.000 msg RT; 1.000.000 files SnF; 3.000.000 MB via U2A) and some assumptions regarding the future traffic volume of TIPS and other services like ECMS; – − the current market prices for T2 and T2S connection services and some assumptions on TIPS connection services prices. Pursuant to Article 168 of the Code, in order to allow the concessionaires to recoup the investments made in operating the services together with a return on invested capital and also in order to ensure to the newcomers the possibility to access to this market, the concessions will last ten years. The evaluation of the offers will be based on the criteria described in par. 2.5 below. The Banca d’Italia will sign, in the interest and in the name of the Eurosystem, with each of the selected NSPs a Concession Contract governed by the Italian law as laid down in the Annex AR.1 governing the contractual relationship. The Banca d’Italia and the Eurosystem will not be involved in the contractual relationship between the selected Network Service Providers and their customers. Following up on the award of the Concession Contracts, it is expected that Eurosystem central banks will conduct procurement procedures, in line with Directive 2014/24/EU2 and with the applicable national procurement law regimes, with the purpose of awarding contracts for the provision of connectivity services on the basis of the terms contained in the Concession Contracts. These procurement procedures may be conducted by individual Eurosystem central banks or jointly by two or more Eurosystem central banks. The Concession and the Concession Contract will have a term of ten (10) years from the Go-Live Date (as defined in the Concession Contract, Art. 1.1). In case of termination of one or more Concessions after the award but before the expiry of the 10 years term, the contracting authority may, at its sole discretion: not award a replacement concession; or award one or more replacement concessions to the candidate(s) in the selection procedure ranked highest behind those which were awarded a Concession; or launch another selection procedure to award one or more replacement concessions, if the ranking list doesn’t allow for the previous option. The above-mentioned replacement Concession shall last for ten (10) years from the successful conclusion of the Compliance Check that shall take place according to the “Timing” provisions set forth in Article 3.1 of the Concession Contract. The number of Concessions will not exceed three at any given time. All activities carried out in the Banca d’Italia’s premises will be subject to the provisions of the Italian law concerning safety at work. In particular, workers shall be informed about the so-called “risk of interference”, i.e. the risks potentially arising from the work performed in the same period and in the same venue by more than one economic operator. To this end, suitable documentation3 will be provided to the NSP(s) and – if needed – to the their sub-contractor(s). National safety laws must be complied with in relation to activities performed in other Central Bank’s premises.