PUBLIC NOTICE
PRELIMINARY MARKET CONSULTATION AND EXPRESSION OF INTEREST
“FAST (Free Ad-supported Streaming TV) CHANNEL SERVICE”
FOREWORD
Rai Com S.p.A., a sole shareholder company, with registered office in Rome, Via Umberto Novaro 18, share capital of Euro 10,320,000 fully paid-up, tax code and VAT no. 12865250158 (hereinafter also referred to as “Rai Com“) is the company subject to the management and coordination activities carried out by RAI – Radiotelevisione Italiana S.p.A. (headquartered in Rome, Viale Mazzini 14, Tax Code No. 06382641006, hereinafter also referred to as “RAI”), whose corporate purpose is, inter alia, the distribution of radio and television channels.
PURPOSE AND PRINCIPLES
By publishing this public notice (“Notice“), Rai Com is launching a preliminary market consultation in order to acquire better knowledge of the quality standards applied by the companies present on the market with regard to the service for the technical distribution of channels in FAST (Free Ad-supported Streaming TV) mode (“Services“), according to the methods described in the following paragraphs.
The company concerned is required to submit:
1) the dedicated general questionnaire completed on the template form (Annex “B”) in order to confirm compliance with the requirements pursuant to the technical sheet (Annex “C”);
2) a report of up to 10 pages (Times New Roman font, size 12, line spacing 1.5, justified paragraph alignment; margins adjusted to 3 cm on the left and 2.5 cm on the right), explaining the proposed quality standards and how they can be guaranteed on a continuous basis without interruption with an indication of the estimated total cost.
In application of the principles of non-discrimination, cost effectiveness, equal treatment, effectiveness and transparency, the purpose of this Notice is therefore to ensure maximum publicity for the possible awarding of the Services and to verify the existence of technological solutions capable of meeting the requirements laid out in the technical sheet (Annex “C”).
With this Notice, Rai Com also intends:
– to guarantee maximum publicity for the initiative to ensure the most extensive distribution of information;
– to request the possible participation of interested parties to encourage competition;
– to receive comments and suggestions from interested parties for a fuller understanding of the market;
– to collect information/documentation useful for the preparation of a possible competitive procedure for the assignment of the Services.
As set forth in more detail below, the market consultation subject to this
Notice shall not be binding for Rai Com, which shall have the right, but not the obligation, to initiate any subsequent award procedure, possibly also modifying, in whole or in part, the terms and conditions set forth in this Notice, in compliance with the actual characteristics of its requirements at the date of any possible initiation of the competitive procedure.
All companies interested in participating in this consultation that meet the requirements described in this Notice and its annexes are therefore invited to express their interest by completing and submitting the document provided in Annex “A”: “Declaration of Expression of Interest” Form, as well as the “Questionnaire” on the template form provided in Annex “B”, according to the terms and procedures described in the following paragraphs.
DESCRIPTION OF THE SERVICES
Launch of channels in FAST (Free Ad-supported Streaming TV) mode within the offer of OTT operators (i.e. Samsung TV +, Pluto TV, LG, Roku, etc.), with the support of a technology integrator.
In the context of this consultation, the supply relates to the technical distribution of 5 channels, live and library, in the Italian territory in an initial phase and, in a subsequent phase, abroad as well (EU, US and LATAM), without prejudice to what is provided for in the following paragraphs concerning RAI COM’s right – in case any change of its requirements should occur – to increase the number of the channels up to a maximum of 20, with a consequent recalculation of the value of the award.
Please note that there are no obligations for Rai Com, with reference to the initial bouquet of channels, to set limitations relating to modifications or the integration of the editorial offering, either of existing channels or the expansion of the offering. Rai Com assumes no obligation with regard to a minimum number of live channels while the Services are being provided.
“Channel” refers to a linear streaming flow of content, in Italian or another language, broadcast on one or more platforms, in different countries.
The technical data sheet attached in Annex “C” to this Notice provides details of the characteristics and methods for the provision of the Services.
DURATION AND ESTIMATED TOTAL VALUE OF THE SERVICES
The duration of any assignment and, therefore, of the relative agreement with the supplier identified, will be 36 (thirty-six) months as of the date on which the relative agreement is signed.
The total estimated value of the Services in this consultation stage is € 600,000.00 (six hundred thousand/00) net of VAT, for the entire duration of the agreement. In the event of an increase in the number of the distributed channels (up to 20), the estimated value will be increased proportionally.
This value is to be understood as all-inclusive and therefore complete with all charges due.
It is agreed that the value set forth above may be modified in any subsequent award phase if, also based on the elements that can be deduced from the questionnaires issued by the participants in this consultation stage, Rai Com deems that its requirements are qualitatively and/or quantitatively different from those underlying this consultation.
PARTICIPATION REQUIREMENTS
Parties wishing to submit their expression of interest must meet the following requirements:
· not be registered in the electronic register kept by the observatory of the National Anti-Corruption Authority (ANAC) and/or by another authority set up for this purpose in their State of origin for having submitted false declarations or false documentation in tender procedures and in the awarding of subcontracts, or that however the effectiveness period of the registration has expired;
· the company and the persons composing it must not be present in, and must not be part of, organisations on the reference lists relating to the financial fight against terrorism (published by the Financial Intelligence Unit competent in relation to the State to which they belong);
· be in possession of all the technical-professional suitability requirements provided for by the occupational safety regulations in force in the country of origin;
· comply with national as well as regional, territorial or company collective agreements and contracts, where signed, concluded by the most representative employers’ and employees’ trade unions at national level;
· comply with all insurance, social security and welfare obligations under the relevant regulations in force;
· meet the professional requirements and ensure compliance with the rules set forth and described in detail in the data sheet (Annex “C”).
To certify compliance with the above-mentioned requirements, please submit the dedicated self-certification using the same form in Annex “A” to this Notice, making sure to include all information requested therein.
It is understood that fulfilment of the self-declared requirements must be confirmed and supplemented at the time of participation in the procedure and will however always be subject to verification by Rai Com.
METHODS FOR THE PERFORMANCE OF THE PRELIMINARY MARKET CONSULTATION
The preliminary consultation pursuant to this Notice may take place in multiple stages.
On the basis of the results of the analysis carried out, Rai Com – in order to acquire additional useful information for the purposes described in the Introduction to this Notice – may also invite interested parties to take part in one or more in-depth technical meetings. These meetings may be either individual or collective or a combination thereof and will be minuted.
For each stage of this preliminary consultation, interested parties will be notified accordingly (also by means of notices published on the Rai Com website).
Rai Com reserves the right to verify the information provided by interested parties in the “Questionnaire”.
When the preliminary consultation is complete, Rai Com will publish a notice of the closure of the preliminary market consultation on its website.
Participation in this preliminary market consultation is irrelevant (i.e. it neither ensures nor precludes) with respect to participation in the possible subsequent competitive procedure, as it does not constitute a condition for access to any subsequent procedure or provide preferential status, or a commitment of any kind as to the continuation of the procedure.
HOW TO SEND EXPRESSIONS OF INTEREST
Expressions of interest, formulated using the Declaration Form (Annex “A”) attached this Notice, will be collected and reviewed by Rai Com, including all documentation submitted by interested parties. They must be signed by the legal representative or the competent corporate attorney, whose scanned copy of a valid identity document must be annexed.
Expressions of interest should be sent exclusively to the following certified e-mail (PEC): acquisti.raicom@postacertificata.rai.it, indicating the following subject in the message: “PRELIMINARY MARKET CONSULTATION FOR THE POSSIBLE ASSIGNMENT OF THE FAST CHANNEL SERVICE”.
The email must also contain as an attachment the “Questionnaire” pursuant to Annex “B”, completed in its entirety and signed by the same person who signed the expression of interest.
Timely delivery of the expression of interest remains at the sender’s sole risk. Rai Com disclaims all liability for the non-arrival, by the deadline, of the expression of interest.
NO ECONOMIC OFFER SHOULD BE ATTACHED TO THE EXPRESSION OF INTEREST.
The electronic transmission of the expression of interest is at the sender’s total and exclusive risk, with any liability of Rai Com being excluded if, due to malfunctions in the technical, technological or connection structure of interested parties, it is not received by the binding deadline and according to the required methods.
For foreign entities that are legitimately lacking a certified email address and find it objectively difficult to set up such an address in due time, as an alternative, the expression of interest may be sent by non-certified email to the address: acquistiraicommerciale@rai.it
The above-mentioned alternative method is permitted only insofar as this preliminary consultation is not a competitive procedure and with the sole purpose of encouraging the utmost participation in the preliminary consultation, it being understood that also in this case the forms made available by Rai Com with this Notice must be used.
Expressions of interest will not be considered admissible if all the above-mentioned submission modalities are not respected.
DEADLINE FOR THE SUBMISSION OF EXPRESSIONS OF INTEREST
The closing date for the submission of expressions of interest is 20.09.2024 at 4:00 p.m. (CET).
Once the deadline has passed, no other expression of interest will be considered valid, even if it replaces or adds to a previously submitted expression of interest.
In the event that an expression of interest is sent by the same party in replacement or correction or addition of a previous expression of interest that is not compliant, the day and time of receipt of the last expression sent shall be deemed to be the day and time of receipt.
Expressions of interest will not be considered admissible if they are received after the deadline set forth above.
DEADLINE FOR REQUESTS FOR CLARIFICATION
Any requests for clarification concerning this Notice may be sent no later than 6:00 p.m. (CET) of 31.08.2024 in written form and in the Italian language or in English, by electronic mail (email) to: quesiti.acquistiraicommerciale@rai.it.
Replies to clarifications will be sent by email no later than 13.09.2024.
RESERVATIONS AND CLARIFICATIONS
This Notice does not entail any obligation for Rai Com to initiate contracting party selection procedures for the initiative subject to consultation and is therefore to be understood as a mere market consultation aimed exclusively at receiving expressions of interest and at the same time favouring the consultation of the largest number of companies possible in a manner that is not binding for Rai Com.
Rai Com therefore reserves the right not to proceed with the initiation of a subsequent competitive procedure, which remains merely possible, or to initiate a different procedure and/or suspend, modify or cancel, in whole or in part, at any time, this preliminary market consultation, for reasons within its exclusive purview. In such cases, interested parties shall have no right or claim whatsoever, nor shall they be able to claim any indemnity or compensation for their contribution from Rai Com.
The contribution made by interested parties within the scope of this preliminary market consultation is provided free of charge, with no entitlement to any reimbursement of expenses incurred.
Rai Com hereby reserves the right to proceed with a direct assignment in the event of just one expression of interest, or to identify additional competitors, also by making recourse to the Rai Suppliers’ Register.
As a result of the foregoing, this Notice does not constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, nor a promise to the public, pursuant to art. 1989 of the Italian Civil Code, but a simple request to formulate an expression of interest, which shall not in any case be considered binding in any way for Rai Com.
The expressions of interest that will be submitted shall in no way bind Rai Com, which shall have the most extensive discretion in evaluating them, nor shall they give rise to any claim on the part of the submitting parties with respect to the assignment of services or the initiation of any procedure or negotiation.
CONFIDENTIALITY OBLIGATIONS AND PROCESSING OF PERSONAL DATA
Pursuant to EU Regulation no. 2016/679 and the Italian legislation in force (Legislative Decree 196/2003 as amended by Legislative Decree no. 101/2018), please note that the personal data declared by each competitor will be processed by Rai Com, as data controller, with the purpose of analysing the documentation received and possibly subsequently initiating a competitive procedure. For further details on the information concerning processing, please refer to the “Information for Suppliers” available on the Rai Com website at the following link: http://www.raicom.rai.it//privacy-policy/.
Rai Com undertakes to process the data labelled by companies as private and confidential with the utmost confidentiality, and not to disclose them.
CODE OF ETHICS AND ORGANISATIONAL MODEL PURSUANT TO LEGISLATIVE DECREE 231/01 AND ANTI-CORRUPTION LEGISLATION
This Notice is published in full compliance with the RAI Code of Ethics and the Organisational Model pursuant to Legislative Decree no. 231/2001 as amended, as well as the Three-Year Corruption Prevention Plan, adopted by Rai Com in accordance with regulations in force and published on the website www.raicom.rai.it in the section “The Company” – “Articles of association and regulations (Transparent Company)”.
PUBLICITY
This Notice and its annexes are published on the website https://www.raicom.rai.it/category/bandi-fornitori/
ANNEXES: