Regulation 122 Forfeit of deposit and exclusion from award processI1

United Kingdom

(1)

Subject to paragraph (2) if, in relation to an applicant which is qualified to bid or a bidder, OFCOM are satisfied that any of the events specified in regulation 124 are occurring (or have occurred) and that the occurrence would materially affect the outcome of the award process or would affect that bidder's overall bid constraint—

(a)

any sum paid as a deposit under these Regulations shall be forfeited (together with any interest which has accrued on the deposit) by, and not refunded to, the applicant or bidder concerned; and

(b)

that applicant or bidder may also be excluded from the award process by OFCOM giving that applicant or bidder notice in writing.

(2)

If OFCOM are satisfied that any of the events specified in regulation 124(2)(d), 124(2)(e) or 124(2)(g)(ii) are occurring (or have occurred) only during the negotiation period OFCOM shall not require any deposit to be forfeited and shall not exclude any bidder.

Annotations

Commencement

I1: Reg. 122 in force at 18.11.2020, see reg. 1(1)