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The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010

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3.  The events in this Schedule in relation to a bidder, qualifying bidder, bidder group, preferred bidder, reserve bidder or successful bidder are–

(a)failure to make any payment as required in accordance with these Regulations, unless that failure has been remedied within a period not exceeding ten days in accordance with regulation 26(3);

(b)fixing or adjusting the amount of its tender by or in accordance with any agreement or arrangement with any other bidder, qualifying bidder, bidder group, preferred bidder, reserve bidder or successful bidder or by improperly using insider information;

(c)entering into any agreement or arrangement with any other bidder, qualifying bidder, bidder group, preferred bidder, reserve bidder or successful bidder that it shall refrain from submitting a tender or as to the amount of the tender submitted;

(d)communicating to any person other than the Authority the details of its proposed tender in respect of a qualifying project, except where this disclosure is made in confidence in order to obtain quotations necessary for the preparation of that tender;

(e)where the bidding entity is a bidder group, any change to the membership of that bidder group other than a change which has been approved by the Authority or any breach of the tender rules in respect of bidder groups;

(f)offering to pay or give any sum of money, inducement or valuable consideration directly or indirectly to any officer of the Authority, the holder of a co-ordination licence or a developer, who is subject to a tender exercise in relation to any actions or omissions;

(g)contacting any officer of the Authority or the holder of a co-ordination licence, or in relation to a bidder, qualifying bidder or bidder group only, contacting any officer of a developer, who is subject to a tender exercise outside the tender rules, any rules particular to the pre-qualification, qualification to tender, invitation to tender and best and final offer stages of a tender exercise or any requirements specified in these Regulations. This includes, but is not limited to, contact for the purposes of discussing the possible transfer of such officer to the employment of the bidder, qualifying bidder, bidder group, preferred bidder, reserve bidder or successful bidder for the purpose of a tender exercise in respect of a particular qualifying project.

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