Online gaming: published the call for tender for new concessions in Italy
Published the call for tender for new remote gaming concessions required by the 2016 Stability Law. Applications within March, the 19th.
The tender notice for 120 new online gaming concessions begins. The 2016 Stability Law provided for the assignment, with the tender, of new concessions for remote games sale. The call for tender was published in the Official Journal of the European Union. The deadline for receiving offers is set for March, the 19th, 2018, while offers will be opened by April, the 19th, 2018.
The notice, under this year’s financial law should have been issued by July, the 31th, 2016. But, as for other notices expected (bingo and betting), it has been postponed.
CHARACTERISTICS – There are 120 new concessions for web gaming with an auction base of 200 thousand euros. As regards taxation, the single tax is set at 20 percent of the sums that have not been returned to the player.
The concession concerns the following public games: fixed odds and totalizator bets on events, including simulated, sports events, including those relating to horse races, as well as other events; competitions for sports and horse racing odds; national horse racing games; skill games, including card games in tournament mode and in a different mode, as well as fixed odds games; fixed odds bets with direct interaction between the players; bingo.
FURTHER DETAILS – The concession “lasts until December, the 31th, 2022. The contestant should attach the appropriate documentation to the application form, proving the provision of the provisional guarantee, in a provincial treasury department or in companies authorized as a pledge in favor of Adm, or through a bank or insurance guarantee, issued by one or more banks, credit institutions or insurance companies, meeting the solvency requirements provided by the laws governing their respective activities, in the form of an independent guarantee with respect to main obligation, on first demand, any exception removed and with expressed renunciation to the benefit of the prior enforcement of the principal debtor and of the exception referred to in Article 1957, paragraph 2 of the civil code, as well as with forecasting of the operativity of the guarantee within 15 days with a simple written request of the contracting authority. The amount of the provisional guarantee must be equal to €100.000, that is the half of the contribution due for the assignment of the concession in accordance with art.1, co. 935, of the L. n. 208 of 2015. The provisional guarantee must be effective and valid for a period of one year from the submission of the application and must be renewed, if the stipulation of the agreement doesn’t take place within the above-mentioned term, up to the date of stipulation. Adm, using a specific selection committee, appointed with a subsequent provision, controls the existence of the documentation as well as the possession of the required requirements and the fulfillment of the conditions and the prescribed charges. All the applications produced will be examined in compliance with the chronological order of presentation up to reaching the number of 120. In case of incomplete application, or the relative documentation, the provisions of article 83, paragraph 9 of Legislative Decree no. 50 of 2016 qill be applied, without prejudice to the chronological order assigned to the application. Applications will be presented in closed envelopes; the methods of opening will be announced on the website, expired the terms. The assignment under concession can only take place with respect to corporations. When the participation application is submitted, individual companies, partnerships, newly-formed companies, consortiums and consortiums of people must expressly be obliged to form or become a corporation, having their registered office in one of the states of the European Economic Area before the signing of the agreement. Establishment or transformation into the same corporation is an essential condition for signing the agreement. Entities already established in the form of corporation must establish their registered office in one of the states of the European Economic Area before the concession is granted and the relevant agreement is signed. In case of non-compliance, in addition to proceeding to the exclusion from the granting of the concession, Adm will also prosecute the provisional deposit presented for participation in the concession procedure. By signing the application form, the contestant assumes the obligations listed in article 24, paragraph 17, of Law 7.7.2009, n. 88”, we can read.
Participation in the concession procedure is open “to gaming operators working in Italy or in another State of the European Economic Area, on the basis of a concession, authorization or other authorization issued by the competent authority of the State in which gaming operator has the registered office, or the operational headquarters, at least one type of gaming among those belonging to games portfolio managed by Adm. Also parties operating in sectors other than gaming or in gaming activities offered outside the European Economic Area or gaming activities offered in the European Economic Area with total revenue for the two-year period preceding the date of submission of the application of less than €1,500,000 can participate, provided that they have, also through parent companies or subsidiaries or affiliated companies, a technical-infrastructural capacity, proven by a specific technical report signed from an independent party, having the characteristics indicated in the technical rules of the selection procedure and that give to the Agenzia delle dogane e dei monopoli bank or insurance guarantee, on first demand and of two-year period, amounting to €1,500,000. The verification of the requirements is carried out by Adm. Individual companies, partnerships, corporations, consortiums, and newly-formed companies can participate in the concession procedure, paying, once the verification of the requirements has been completed, the fee indicated in article 1, paragraph 935 of the law n. 208 of 2015.
Under penalty of exclusion from the procedure of granting the concession, the participant party must attach to the application – according to the ways described in the Administrative Rules – a copy of the receipt of payment of the contribution to the National Anti-Corruption Authority, together with a copy of a valid identity card, which in the case of a company is that of the legal representative. For the purposes of this procedure, the tender identification code (Cig) is as follows: 73435644B8. The payment due by each party is of €500 (five hundred/00) and must be made according to the procedures available on the www.anticorruzione.it website within the submission deadline. The verification of the general, technical-professional and economic-financial requirements takes place, under art. 81, paragraph 2, of Legislative Decree no. 50/2016 and ss.mm.ii., through the use of the Avcpass system, made available by Anac with the resolution implementation no.111 of 20.12.2012 and ss.mm.ii. All parties interested in participating in the procedure must compulsorily register to the Avcpass system according to the operating instructions for registration on the site: www.anticorruzione.it. The economic operator, having made the aforementioned registration to the Avcpass service and having identified the tender procedure he wants to participate, obtains a “Passoe” from the system; it must be included in the administrative documents”.
ECONOMIC-FINANCIAL CAPACITY – “A guarantee replacing the economic-financial, bank or insurance capacity requirement, on first demand and of two-years period, of €1,500,000 (one million five hundred thousand/00) by the enteties possessing, is foreseen; also through parent companies or subsidiaries or affiliated companies, of a technical-infrastructural capacity, in sectors other than gaming or gaming activities offered outside the European Economic Area or in gaming activities offered in the European Economic Area with total amount of revenues for the two-year period preceding the date of submission of the application of less than €1,500,000. This guarantee must be effective and valid for a period of two years from the presentation of the participation application and covers the economic strenght and continuity of operation demonstrated by the ability to fulfill the obligations of the agreement with integrative value for the part exceeding the guarantees already provided for the agreement. Achievement, in the last two years ended before the application was submitted, of revenue, as a gaming operator, as regards types of gaming between the subjects of this concession procedure or among the others belonging to the gaming portfolio managed by Adm, not less than €1,500,000.
In the absence of the indicated revenue volume, the possession, also through parent companies or subsidiaries or affiliated companies, of a technical-infrastructural capacity proven by technical report signed by an independent entity, not less than that required by the technical rules signed by the subjects having participated in the selection procedures issued under the Article 24, paragraphs 11-26, of Law 7.7.2009, n. 88, giving to Adm a bank or insurance guarantee, on first demand and for a two-year period, of an amount of €1,500,000. Absence of outstanding debts towards Adm in relation to the previously acquired concessions concerning the operation of games to be entrusted following the present selection procedure”.
TECHNICAL-PROFESSIONAL CAPACITY – Availability of a computer system dedicated to pursuing at least one of the scheduled gaming activities, having the characteristics specified in the technical rules of the granting procedure, in the case of gaming operators already concessionaires, or possession of technical-infrastructural capacity proven by the technical report indicated in the technical rules of granting procedure, for the parties operating, also through parent companies or subsidiaries or affiliates, in sectors other than gaming or in gaming activities offered outside the European Economic Area or in gaming activities offered in the European Economic Area with total revenue for the last two financial years ended before the date of submission of the application of less than €1,500,000. Technological infrastructures dedicated to the activities under concession must be located in one of the States of the European Economic Area.