Rome 07 July 2022 18:50
The team consisting of TIM, Leonardo, Cassa Depositi e Prestiti (CDP, through the subsidiary CDP Equity) and Sogei, as the promoter, has exercised the pre-emption right, in compliance with the applicable legislation and the tender documentation, in the European tender for the award of a public-private partnership contract to create and manage the Polo Strategico Nazionale (PSN) [national strategic hub] announced in January 2022 by Difesa Servizi S.p.A., as the central commissioning entity of the Department for Digital Transformation of the Presidency of the Council of Ministers.
The promoter has exercised the pre-emption right within the 15-day period provided for by law (paragraph 15 of article 183, of the Public Contracts Code, expressly referred to in the tender regulations), undertaking to fulfil the contractual obligations under the same conditions offered by the current provisional contractor, as communicated to the Administration.
The PSN plan provides for the creation and management of an infrastructure to supply cloud solutions and services for Public Administration, with the aim of ensuring the highest possible level of efficiency, security and reliability of the data. The initiative is part of the overall plan to speed up the country's digital transformation to provide innovative services to citizens and businesses as required by the PNRR (National Recovery and Resilience Plan) and by digital infrastructure regulations.
With regard to the regulations on Related Party Transactions, it is recalled (see press releases issued on 28 September 2021 and on 21 March 2022) that for Leonardo the above operation, with reference to the planned establishment of a NewCo in case of award to the promoter and with regard to the correlation relationship with Cdp Equity and Sogei (companies owned by the Ministry of Economy and Finance, holding 100% in Cdp Equity – through CDP – and 100% in Sogei, as well as around 30,204% into Leonardo) is a related party transaction of “lesser importance”.
The mentioned transaction benefited of the exemption from the application of the Procedure approved by the Company’s Board of Directors, provided for the transactions to be concluded under market-equivalent or standard terms, pursuant to article 11.2, letter c) of the above mentioned Procedure and in accordance with article 13, subsection 3, letter c) of Consob Regulations no. 17221/2010 (as amended and supplemented).
The above taking into account the overall assessment of consistency with market conditions and fairness of the proposal’s economic contents by the granting Administration, through a public tender procedure and competitive comparison.
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