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

Regulation 20

SCHEDULE 7 EVENTS OF CANCELLATION

1.  The events in this Schedule are–

(a) the Authority does not receive any completed and compliant pre-qualification questionnaires in accordance with regulation 12;

(b) the Authority does not receive any completed and compliant qualification to tender questionnaires in accordance with regulation 14;

(c) the Authority determines that there are no bidders or qualifying bidders in respect of a qualifying project;

(d) the Authority does not receive any compliant tenders in accordance with regulation 16;

(e) the Authority does not receive any compliant best and final offers in accordance with regulation 17;

(f) a preferred bidder withdraws from a tender exercise in respect of a particular qualifying project or is disqualified from a tender exercise and the Authority has not determined a reserve bidder in respect of that qualifying project;

(g) the matters referred to in the notice published in accordance with regulation 18(5) are not satisfied by a preferred bidder and the Authority has not determined a reserve bidder;

(h) a reserve bidder withdraws from a tender exercise in respect of a particular qualifying project or is disqualified from a tender exercise after a preferred bidder has withdrawn from that tender exercise in respect of that qualifying project or has been disqualified from a tender exercise, or after a preferred bidder has failed to satisfy the matters referred to in the notice published in accordance with regulation 18(5);

(i) the matters referred to in the notice published in accordance with regulation 18(5) are not satisfied by a reserve bidder and the preferred bidder has withdrawn from that tender exercise in respect of that qualifying project or has been disqualified from a tender exercise, or the preferred bidder has failed to satisfy those matters;

(j) a successful bidder withdraws from a tender exercise in respect of a particular qualifying project;

(k) a successful bidder fails to make a payment in accordance with regulation 23(4);

(l) a developer has been disqualified from a tender exercise in accordance with regulation 22(1);

(m) a developer fails to make a payment or provide security in accordance with regulation 7 or 26(2);

(n) a developer fails to meet the requirements specified in paragraph 2(c),(d) or (e) of Schedule 1 pursuant to the provisions specified in paragraph 3 of Schedule 1;

(o) a developer fails to meet the conditions specified in paragraph 1 or 2 of Schedule 2, as the case may be, in accordance with regulation 8;

(p) a developer does not agree the variation to the bilateral agreement with the holder of a co-ordination licence in order that the preferred bidder has in place a valid bilateral agreement;

(q) a developer terminates its bilateral agreement with the holder of a co-ordination licence;

(r) a developer withdraws its qualifying project from a tender exercise for any reason;

(s) the Authority determines that it would not be appropriate to grant an offshore transmission licence to any qualifying bidder.