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23.—(1) Where a bidder is a bidder group—
(a)the group must nominate one of the persons in that group as its leader at the time of the submission of that bidder group’s qualification questionnaire; and
(b)that person must remain the leader of that bidder group for the duration of that group’s participation in the tender exercise.
(2) Subject to paragraphs (3) to (5) and to the restriction in regulation 20(5), the competent authority may permit a change to the membership of a bidder group after a qualification questionnaire has been submitted to the competent authority by that group.
(3) In determining whether to permit a change under paragraph (2) the competent authority must consider all the circumstances and in particular whether permitting that change would be unfair to any other tender participant.
(4) A change to a bidder group must not be permitted where, as a result of that change, the person nominated as the leader of a bidder group in accordance with paragraph (1) would no longer be a member of the bidder group.
(5) Where a confidentiality agreement has been submitted by a bidder group in accordance with a notice given in accordance with regulation 9(5), before making a determination under paragraph (2), the competent authority may require that a new signed confidentiality agreement is submitted by the bidder group (or by any person who, subject to the determination of the competent authority under paragraph (2), will become a member of that group if the change is permitted).
24.—(1) Any notice required to be published by the competent authority in accordance with these Regulations must be published in such manner as the competent authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
(2) Any notice required to be given by the competent authority to a particular person in accordance with these Regulations may be given in such manner as the competent authority considers appropriate.
(3) Paragraph (4) applies where the competent authority determines that it is impracticable—
(a)for any document or notice which is to be delivered to, or published or given by, the competent authority in accordance with these Regulations, to be delivered given or published by the time, date or in the manner specified in accordance with these Regulations; or
(b)for any action which is required to be undertaken in accordance with these Regulations, to be completed by the time, date or in the manner specified in accordance with these Regulations.
(4) Where this paragraph applies, the competent authority must take reasonable steps to give notice to any relevant tender participant that—
(a)delivery or publication must be made by a different time or date or in a different manner; or
(b)the action must be completed by a different time or date or in a different manner.
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