The Electricity (Early-Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025
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Change 1
34 Changes to bidder groups
(1) No change may be made to the membership of a bidder group unless the delivery body has permitted the change in accordance with paragraph (3), (4), or (5). (2) Where a bidder group seeks to change its membership it must notify the delivery body in writing of the proposed change as soon as reasonably practicable. (3) Where a bidder group seeks to change its membership between the pre-qualification stage of an onshore transmission tender exercise and before submitting a pre-qualification questionnaire to the delivery body, the delivery body must permit that change provided that the new membership of that bidder group meets the pre-qualification evaluation criteria set out in the pre-qualification documentation issued in accordance with regulation 10(1)(a). (4) Any proposed change to the membership of a bidder group notified to the delivery body after a pre-qualification questionnaire has been submitted to the delivery body and before the delivery body has published a notice in accordance with regulation 16(1), may be permitted by the delivery body provided that— (a) the delivery body determines that change would be fair and equitable to all other bidders or qualifying bidders participating in that onshore transmission tender exercise, and (b) the new membership of that bidder group meets the evaluation criteria set out in the later of— (i) the pre-qualification documentation, (ii) the invitation to tender documentation, or (iii) the best and final offer documentation. (5) Any proposed change to the membership of a bidder group notified to the delivery body after the delivery body has published a notice in accordance with regulation 16(1) may be permitted by the delivery body provided that— (a) the delivery body determines that change would be fair and equitable to all other qualifying bidders who were invited to participate in the latest stage of the onshore transmission tender exercise, being either the invitation to tender stage or the best and final offer stage, and (b) the new membership of that bidder group— (i) meets the evaluation criteria set out in the later of the invitation to tender documentation or the best and final offer documentation, and (ii) where applicable, confirms in writing to the delivery body that where the matters specified in the notice given in accordance with regulation 18(5) have previously been resolved by the preferred bidder to the delivery body’s satisfaction, such matters remain resolved by the new membership of that bidder group. (6) Where a bidder group gives notice in accordance with paragraph (2), the delivery body may give notice to the bidder group to make a payment to the delivery body of an amount equal to the delivery body’s costs in determining whether to permit the proposed change.
34 Changes to bidder groups
(1) No change may be made to the membership of a bidder group unless the delivery body has permitted the change in accordance with paragraph (3), (4), or (5). (2) Where a bidder group seeks to change its membership it must notify the delivery body in writing of the proposed change as soon as reasonably practicable. (3) Where a bidder group seeks to change its membership between the pre-qualification stage of an onshore transmission tender exercise and before submitting a pre-qualification questionnaire to the delivery body, the delivery body must permit that change provided that the new membership of that bidder group meets the pre-qualification evaluation criteria set out in the pre-qualification documentation issued in accordance with regulation 10(1)(a). (4) Any proposed change to the membership of a bidder group notified to the delivery body after a pre-qualification questionnaire has been submitted to the delivery body and before the delivery body has published a notice in accordance with regulation 16(1), may be permitted by the delivery body provided that— (a) the delivery body determines that change would be fair and equitable to all other bidders or qualifying bidders participating in that onshore transmission tender exercise, and (b) the new membership of that bidder group meets the evaluation criteria set out in the later of— (i) the pre-qualification documentation, (ii) the invitation to tender documentation, or (iii) the best and final offer documentation. (5) Any proposed change to the membership of a bidder group notified to the delivery body after the delivery body has published a notice in accordance with regulation 16(1) may be permitted by the delivery body provided that— (a) the delivery body determines that change would be fair and equitable to all other qualifying bidders who were invited to participate in the latest stage of the onshore transmission tender exercise, being either the invitation to tender stage or the best and final offer stage, and (b) the new membership of that bidder group— (i) meets the evaluation criteria set out in the later of the invitation to tender documentation or the best and final offer documentation, and (ii) where applicable, confirms in writing to the delivery body that where the matters specified in the notice given in accordance with regulation 18(5) have previously been resolved by the preferred bidder to the delivery body’s satisfaction, such matters remain resolved by the new membership of that bidder group. (6) Where a bidder group gives notice in accordance with paragraph (2), the delivery body may give notice to the bidder group to make a payment to the delivery body of an amount equal to the delivery body’s costs in determining whether to permit the proposed change.
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