The Electricity and Gas (Competitive Tenders for Smart Meter Communication Licences) Regulations 2012

Bidder groups

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).