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19.—(1) In this regulation a “consortium” means two or more persons, at least one of whom is a supplier or contractor, acting jointly for the purpose of being awarded a contract.
(2) A utility shall not treat the tender of a consortium as ineligible nor decide not to include a consortium amongst those persons from whom it will make the selection of persons to be invited to tender for or to negotiate a contract on the grounds that the consortium has not formed a legal entity for the purpose of tendering for or negotiating the contract; but where a utility awards a contract to a consortium it may, if to do so is justified for the satisfactory performance of the contract, require the consortium to form a legal entity before entering into, or as a term of, the contract.
(3) In these Regulations references to a supplier or contractor where the supplier or contractor is a consortium includes a reference to each person who is a member of that consortium.
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