S.L. 545.31 Art. 7Validity of bid price per kWh.

(1) An approved renewable energy installation shall be fully commissioned as described in the bid, including the capacity offered in the bid, and an application to connect the installation to the distribution system shall be submitted to the distribution system operator within eighteen (18) months that shall be reckoned as from the date of the letter of award issued by the Contracting Authority to the successful bidder to secure the eligibility of the awarded bid price per kWh.

(2) If the successful bidder fails to comply with sub-regulation (1), the time to commission and apply to connect said fully commissioned approved renewable energy installation to the distribution system as indicated in sub-regulation (1) may be extended once only by six (6) months by means of a request in writing to the Contracting Authority, which request shall be made in the format required by the Contracting Authority:

Provided that, if an extension is availed of, the price that shall be payable to the successful bidder for electricity generated and sold to the distribution system operator for the particular approved renewable energy installation shall be equivalent to the awarded bid price per kWh, less €0.005/kWh for all electricity generated and sold to the distribution system operator up to the amount indicated in regulation 5(6), for the guaranteed period.

(3) The request in writing for an extension to the Contracting Authority indicated in sub-regulation (2) shall reach the Contracting Authority no later than one (1) month before the lapse of the eighteen (18) month deadline indicated in sub-regulation (1):

Provided that, should an extension be requested but not availed of, the reduction in the bid price established in the proviso to sub-regulation (2) shall not be applicable. SOURCES OF ENERGY INSTALLATIONS

(4) The time necessary for the successful bidders to obtain the necessary authorisations, licences and permits as applicable, shall not suspend the running of the time periods established in sub-regulations (1) and (2), being the maximum time within which an approved renewable energy installation shall be fully commissioned and an application to connect the installation to the distribution system shall be submitted to the distribution system operator, for the award pursuant to the competitive bidding process to remain valid. Failure to comply with sub-regulations (1) and (2), when a request for an extension has been made, shall lead to the automatic withdrawal of the award and the forfeiture of the performance bond:

Provided that, a verified event of force majeure may be invoked by a successful bidder, in line with the provisions related thereto included in the invitation for bids of the relevant competitive bidding process, to request a suspension of the time periods established in sub-regulations (1) and (2), which request may be granted at the Contracting Authority’s discretion.