ELECTRICITY SUPPLY REGULATIONS, 2025
Arrangement of Regulations
- Citation
- Definitions
- Conduct of procurement generally
- Invitation notice for competitive bidding
- Solicitation document for competitive bidding
- Certain provisions of Act 2021-30 to apply to competitive bidding
- Single-source procurement
- Solicitation document for single-source procurement
- Certain provisions of Act 2021-30 to apply to single-source procurement
- Solicitation documents may be in standard form
- Commission to approve forms of interconnection and other agreements
- Public Utility to assist in procurement proceedings
- Public Utility’s Code of Conduct for participating in procurement
proceedings
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- Committee to monitor Public Utility’s conduct in procurement
proceedings - Complaints
- Challenge of decisions or actions of Committee
- Proposal to be treated as form of application for licence
- Successful supplier entitled to interconnection etc.
- Interconnection agreement
- Public Utility not to discriminate regarding interconnection and
transmission and distribution system upgrades etc. - Agreement on purchase or storage of electricity
- Local participation obligations
- Where the Public Utility is System Operator
- Fees
FIRST SCHEDULE
CODE OF CONDUCT
SECOND SCHEDULE
FEES
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Electricity Supply Act, 2024 (Act 2024–26)
ELECTRICITY SUPPLY REGULATIONS, 2025
The Minister, in exercise of the powers conferred on him by section 75 of the Electricity Supply Act, 2024, makes the following Regulations:
Citation
- These Regulations may be cited as the Electricity Supply Regulations, 2025.
Definitions
- In these Regulations,
“affiliate-related entity” means a third party of which the Public Utility has reasonable knowledge that
(a) has a material financial, operational or ownership interest in an affiliate of the Public Utility that is not regulated under the Act; and
(b) provides electricity-related services to the Public Utility; “Committee” means the Renewable Energy Procurement Committee established
by section 66(1) of the Act; “Director of Utility Regulation” means the person appointed under section 7(1)
(a) of the Fair Trading Commission Act, Cap. 326B;
“electricity-related services” means a service related to the generation, transmission, distribution, dispatch, control, aggregation or storage of electricity or energy management, including energy efficiency and demand response;
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“electricity services” means the generation and storage services related to the supply of electricity to the public grid;
“proposal” means a proposal submitted in response to a solicitation by the Committee;
“single-source procurement” means procurement initiated by soliciting one supplier;
“solicitation” means a request for proposals;
“solicitation document” means a document which sets out the terms and conditions of a procurement and guides the preparation and presentation of proposals;
“supplier” means a person who provides goods, services or works and includes an independent power producer.
Conduct of procurement generally
- Where the Minister determines, pursuant to section 7 of the Act, to facilitate the procurement by the Public Utility of generation or storage capacity, at utility scale, for the supply of electricity to the public grid
(a)
the Renewable Energy Procurement Committee shall design, manage and conduct the procurement proceedings in accordance with these Regulations;
(b)
the procurement shall, subject to regulation 7, be conducted by means of competitive bidding; and
(c)
the procurement shall be conducted in a manner that
(i)
ensures integrity, fairness, transparency and accountability in the proceedings;
(ii)
promotes fair competition among, participation by, and equal treatment of, suppliers;
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(iii) maximizes economy and efficiency and promotes best value for money; and
(iv) promotes the objectives of the Act.
Invitation notice for competitive bidding
4.(1) Where the Renewable Energy Procurement Committee intends to conduct competitive bidding for the procurement by the Public Utility of generation or storage capacity, at utility scale, for the supply of electricity to the public grid, the Committee shall publish an invitation in respect of the procurement.
(2)
The invitation shall include
(a)
any key technical, eligibility or qualification requirements for participation in the procurement proceedings;
(b)
whether the Committee will convene a meeting of suppliers; and
(c)
the procedure, place and deadline for presenting proposals.
(3)
Paragraph (1) does not apply where the Committee engages in prequalification proceedings.
Solicitation document for competitive bidding
5.(1) The Renewable Energy Procurement Committee shall prepare and provide a solicitation document to each person who
(a)
responds to its invitation in accordance with the procedures and requirements specified in the invitation; or
(b)
pre-qualifies pursuant to pre-qualification proceedings or, where the Committee selects a limited number of pre-qualified persons from whom to solicit proposals, who is among the number of selected, prequalified persons.
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(2) The solicitation document shall include
(a)
information on the management of the procurement proceedings and the applicable laws;
(b)
a description of the subject matter of the procurement;
(c)
instructions on the preparation and presentation of proposals, including any requirement for the presentation of separately sealed technical and financial proposals, and the procedure, place and deadline for presenting proposals;
(d)
where a security for the proposal is required, a statement to that effect, and any requirement as to the nature, form, amount and other substantial terms and conditions of the security, and the issuer, with sufficient specificity to enable a supplier to be reasonably certain of the type of security that the Committee would consider acceptable;
(e)
the minimum financial and technical requirements to be fulfilled by suppliers to demonstrate that they possess
(i)
the financial capacity and viability to build, if necessary, and maintain the facility for generation or storage; and
(ii)
the technical capability to operate the facility safely, reliably and efficiently;
(f)
the duration of the standstill period or, where no standstill period will be applied, a statement to that effect and the reason for not applying one;
(g)
the procedure, place, date and time for the opening of proposals;
(h)
the criteria and procedure for evaluating proposals including
(i)
whether the successful proposal will be ascertained based on price or on price and other criteria;
(ii)
where price and other criteria are to be used in the evaluation, the relative weights of all criteria; and
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(iii) the manner of application of the criteria in the evaluation;
(i)
the form of the licence to be issued by the Minister and the prescribed fee to be paid for the licence;
(j)
the forms of the interconnection agreement and the agreement for the purchase or storage of electricity to be entered into by the supplier and the Public Utility;
(k)
the non-negotiable clauses in the agreements referred to in paragraph (j);
(l)
any condition precedent to be satisfied for
(i)
the execution of an agreement referred to in paragraph (j); or
(ii)
the issue of a licence;
(m)
notice of the right to challenge decisions or actions of the Committee in relation to the procurement proceedings that are allegedly not in compliance with the Act, these Regulations or the solicitation document; and
(n)
the prescribed fee to be paid for participation in the procurement proceedings which shall include, and be stated to include, the prescribed fee for applying for a licence.
Certain provisions of Act 2021-30 to apply to competitive bidding
6.(1) Sections 20, 21, 22, 23, 24, 25, 26, 27, 28(1), (2), (4), (5) and (7), 29, 30, 31, 32, 34, 35(1), 36, 37(2), 41, 81, 82(1) and (2), 83, 84(2), (3), (4), (5), (6),
(7) and (9), 88, 89, 91, 92, 93, 109 and 110 of the Public Procurement Act, 2021 (Act 2021-30) apply to procurement proceedings for competitive bidding under these Regulations, with such modifications as may be necessary for the purposes of these Regulations, as those sections apply to procurement proceedings by a procuring entity under that Act.
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(2) For the purposes of applying the sections of the Public Procurement Act, 2021 (Act 2021-30) specified in paragraph (1) and regulation 9,
(a) the Renewable Energy Procurement Committee shall be deemed to be a procuring entity empowered to
(i)
act without the approval of; and
(ii)
discharge the functions assigned to,
a tenders committee, the chairman of a tenders committee, the Chief Procurement Officer or the Director of Finance and Economic Affairs, as the case may be, in those sections;
(b)
a sub-committee of the Renewable Energy Procurement Committee shall constitute the evaluation committee referred to in section 28 of the Public Procurement Act, 2021 (Act 2021-30); and
(c)
the interconnection agreement and the agreement for the purchase or storage of electricity described in regulation 5(2)(j) and 8(2)(d) shall be treated as a procurement contract.
Single-source procurement
7.(1) Notwithstanding regulation 3(b), the Renewable Energy Procurement Committee may conduct single-source procurement proceedings for the procurement, by the Public Utility, of generation or storage capacity, at utility scale, for the supply of electricity to the public grid where the Minister informs the Committee that
(a)
there is an urgent need for the generation or storage capacity; and
(b)
engaging in competitive bidding would be impractical.
(2) The Committee shall limit procurement proceedings conducted pursuant to paragraph (1) to the generation or storage capacity required to satisfy the urgent need referred to in that paragraph.
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Solicitation document for single-source procurement
8.(1) The Renewable Energy Procurement Committee shall, in order to solicit a proposal from a supplier pursuant to regulation 7, prepare and provide a solicitation document to the supplier.
(2)
The solicitation document shall include
(a)
a description of the subject matter of the procurement;
(b)
the minimum financial and technical requirements to be fulfilled by the supplier to demonstrate that the supplier possesses
(i)
the financial capacity and viability to build, if necessary, and maintain the facility for generation or storage; and
(ii)
the technical capability to operate the facility safely, reliably and efficiently;
(c)
the form of the licence to be issued by the Minister and the prescribed fee to be paid for the application for and issue of the licence;
(d)
the forms of the interconnection agreement and the agreement for the purchase or storage of electricity to be entered into by the supplier and the Public Utility;
(e)
the non-negotiable clauses in the agreements referred to in paragraph (d); and
(f)
any condition precedent to be satisfied for
(i)
the execution of an agreement referred to in paragraph (d); or
(ii)
the issue of a licence.
(3)
Notwithstanding paragraph (1), the Committee may engage in single-source procurement proceedings with a supplier without the issue of a solicitation document where the Committee considers that it is in the public interest to do so.
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Certain provisions of Act 2021-30 to apply to single-source procurement
- Sections 28(1), (2), (4) and (5), 41, 50(1) and 51(1), (2) and (3), 88, 89, 109 and 110 of the Public Procurement Act, 2021 (Act 2021-30) apply to proceedings for single-source procurement under these Regulations, with such modifications as may be necessary for the purposes of these Regulations, as those sections apply to single-source procurement by a procuring entity under that Act.
Solicitation documents may be in standard form
- The Renewable Energy Procurement Committee may, with the approval of the Minister, develop, adopt or amend a standard form of solicitation document to be used in procurement proceedings.
Commission to approve forms of interconnection and other agreements
- The Renewable Energy Procurement Committee shall not include the forms of the interconnection agreement and the agreement for the purchase or storage of electricity referred to in regulation 5(2)(j) and 8(2)(d) in a solicitation document unless the forms, and the non-negotiable clauses in the agreements, are approved by the Commission.
Public Utility to assist in procurement proceedings
12.(1) The Public Utility shall, on the request of the Renewable Energy Procurement Committee, assist the Committee in
(a)
the design and development of invitations and solicitation documents for such procurement as the Committee specifies; and
(b)
such other matters related to the procurement as the Committee specifies.
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(2)
The Public Utility shall provide such information as may be requested by the Minister, the Committee, the Commission, the Chief Electrical Officer or a supplier for the purpose of procurement proceedings.
(3)
The Public Utility shall provide information requested by a supplier pursuant to paragraph (2) to the Committee for transmission to the supplier in accordance with the communication procedures established by the Committee for the procurement proceedings.
(4)
The provision of information under paragraphs (1), (2) and (3) shall be subject to such measures regarding confidentiality as the Committee considers appropriate.
(5)
Without prejudice to the generality of paragraphs (1), (2) and (3), the Public Utility shall provide to the Committee general information regarding the potential interconnection and the cost of upgrades to the transmission and distribution systems of the Public Utility that are relevant to the procurement proceedings.
(6)
The Public Utility shall provide third party suppliers with the same information to develop proposals as it provides to
(a)
a team established under paragraph 2(1)(b) of the First Schedule to submit a proposal on its behalf; and
(b)
affiliates and affiliate-related entities,
and shall provide the information at the same time that it is provided to the persons specified in subparagraphs (a) and (b).
Public Utility’s Code of Conduct for participating in procurement proceedings
13.(1) The Public Utility and its employees and, where applicable, its consultants, who are involved or to be involved in the procurement proceedings, whether directly or indirectly, through the discharge of the functions of the Public Utility under regulation 12 or the submission of a proposal shall comply with the Code of Conduct set out in the First Schedule.
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(2)
The Public Utility shall identify to the Renewable Energy Procurement Committee and to the Commission, by name and position, a senior officer of the Public Utility who shall be responsible for
(a)
educating other employees and consultants of the Public Utility involved or to be involved in procurement proceedings on the Code of Conduct; and
(b)
enforcing the Code of Conduct.
(3)
The senior officer of the Public Utility shall
(a)
provide a copy of the Code of Conduct to the employees and consultants described in paragraph (2), who shall acknowledge receipt of it in writing; and
(b)
on the conclusion or cancellation of the procurement proceedings, certify by affidavit, that the employees and consultants have complied with the Code of Conduct, and submit a copy of the affidavit to the Committee and the Commission.
Committee to monitor Public Utility’s conduct in procurement proceedings
- The Renewable Energy Procurement Committee shall
(a)
ensure that
(i)
the actions of Public Utility in procurement proceedings represent prudent practices; and
(ii)
the interests of the Public Utility are aligned with the public interest even where the Public Utility participates as a supplier in the proceedings; and
(b)
monitor the Public Utility in relation to its compliance with the Code of Conduct.
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Complaints
- The Renewable Energy Procurement Committee shall receive and determine any complaint which alleges that the Public Utility or another participant in procurement proceedings has not complied with these Regulations in respect of the proceedings.
Challenge of decisions or actions of Committee
- A person aggrieved by a decision or action of the Renewable Energy Procurement Committee in procurement proceedings may, within 14 days of notification of the decision, appeal to the Minister in writing against the decision or action.
Proposal to be treated as form of application for licence
- A proposal presented in procurement proceedings under these Regulations shall be the form required under section 10 of the Act for the application for any licence to which the proceedings relate.
Successful supplier entitled to interconnection etc.
- A successful supplier shall be entitled to
(a)
interconnect its generation or storage system to the transmission and distribution systems of the Public Utility; and
(b)
have the transmission and distribution systems of the Public Utility upgraded as necessary to accommodate the output of its generation or storage system.
Interconnection agreement
19.(1) A supplier and the Public Utility shall inform the Commission and the Minister in writing of the date by which they agreed to complete negotiations for an interconnection agreement.
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(2)
The Commission shall monitor the conduct of the negotiations referred to in paragraph (1) to ensure that the Public Utility and the supplier adhere to the date agreed in that paragraph.
(3)
Where the Minister is notified in writing of a technical dispute regarding interconnection, the Minister shall within
(a)
7 business days of the notification, grant the Public Utility and the supplier 14 business days to make written submissions on the matter; and
(b)
14 business days of receipt of the submissions, and after consulting with the Chief Electrical Officer and a professional engineer, provide a written determination to the Public Utility and the supplier indicating whether the technical dispute meets a criterion set out in section 21(4)
(a) or (b) of the Act.
(4)
The Commission shall, within 7 business days of the execution of an interconnection agreement between the Public Utility and a supplier, inform the Minister of its execution.
Public Utility not to discriminate regarding interconnection and transmission and distribution system upgrades etc.
- The Public Utility shall treat all suppliers, including any affiliate or affiliate-related entity of the Public Utility, in a non-discriminatory manner with respect to the procedures and methodologies for
(a)
designing interconnections;
(b)
allocating the cost of interconnections;
(c)
scheduling and carrying out interconnections;
(d)
identifying the need for upgrades to its transmission and distribution systems;
(e)
allocating the cost of the upgrades;
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(f)
scheduling and carrying out the upgrades; and
(g)
operating a generation or storage system after commissioning.
Agreement on purchase or storage of electricity
21.(1) A supplier and the Public Utility shall inform the Commission and the Minister in writing of the date by which they agreed to complete negotiations for an agreement on the purchase or storage of electricity.
(2)
The Commission shall monitor the conduct of the negotiations referred to in paragraph (1) to ensure that the Public Utility and the supplier adhere to the date agreed in that paragraph.
(3)
The Commission shall, within 7 business days of the execution of an agreement on the purchase or storage of electricity between the Public Utility and a supplier, inform the Minister of its execution.
Local participation obligations
22.(1) An applicant for a licence with an installed capacity that exceeds the amount set out in paragraph 3 of the Second Schedule to the Act, including a successful supplier in procurement proceedings, shall submit to the Minister for approval, a local content plan.
(2)
The local content plan shall
(a)
cover a period of no less than 5 years; and
(b)
specify the contributions a licensee intends to make to promote local participation and investment in the energy sector.
(3)
An applicant described in paragraph (1) shall submit to the Minister
(a)
a detailed proposal which sets out the corporate structure of the applicant comprising the current and proposed shareholders and highlighting the ultimate beneficial owners;
(b)
the proposed percentage equity shareholding to be made to local investors;
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(c)
the date by which the equity shareholding will be offered to local investors, which shall be within a period not exceeding 3 years from the commercial operation date under the agreement on the purchase or storage of electricity, as the case may be;
(d)
any plan for research and development; and
(e)
a list of employment opportunities related to the operations.
(4)
The Minister shall review the plan at least every 5 years, and may require that the plan be revised periodically or a new plan be submitted.
(5)
In this regulation, “local participation”, in relation to the energy sector, means the development and utilization of Barbadian human and other resources and services in the sector.
Where the Public Utility is System Operator
23.(1) Where the Public Utility is the System Operator, the separation of its dispatch activities pursuant to section 34 of the Act shall include
(a)
a transparent management and reporting structure for its dispatch activities which ensures that decision-making in relation to the dispatch activities is independent of the Managing Director of the Public Utility; and
(b)
a separate reporting structure which affords the Minister, the Commission, independent power producers and the Public Utility real time access to dispatch data.
(2) The dispatch code issued by the System Operator shall provide for the circumstances in which the System Operator may depart from the merit order.
Fees
24.(1) The fees set out in the Second Schedule are payable in respect of the matters specified therein.
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(2) A supplier who submits a proposal in procurement proceedings under these Regulations shall pay a fee of $10 000 for submission of the proposal; and that fee shall be deemed to include the fee set out in the Second Schedule for the application for a licence to which the procurement relates.
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FIRST SCHEDULE
(Regulations 12 and 13)
CODE OF CONDUCT
Application of Code of Conduct
- This Code of Conduct takes effect in relation to procurement proceedings from the date on which the Minister notifies the Public Utility in writing that he proposes to facilitate a procurement pursuant to section 7, and remains in effect until
(a)
a successful supplier is selected and a procurement contract executed; or
(b)
the proceedings are cancelled,
and the senior officer of the Public Utility certifies compliance with the code pursuant to regulation 13(3).
Separate Procurement Design and Bidding Teams
2.(1) The Public Utility shall establish 2 separate teams from among its employees and, where applicable, its consultants, as follows:
(a)
a team, to be called the Public Utility Procurement Design Team, which shall discharge the functions of the Public Utility under regulation 12; and
(b)
a team, to be called the Public Utility Competitive Bidding Team, to participate in the procurement proceedings on behalf of the Public Utility as a supplier.
(2) There shall be a fixed number of persons assigned to each team established under subparagraph (1).
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(3)
The members of the one team shall have no involvement with the members of the other team, whether directly or indirectly, in relation to
(a)
the discharge of the functions described in subparagraph (1)(a) by the Public Utility Procurement Design Team; and
(b)
the participation in the procurement proceedings by the Public Utility Competitive Bidding Team.
(4)
An employee or consultant who is a member of a team referred to in subparagraph (1) shall not transfer to the other team referred to in that subparagraph.
(5)
Nothing is in this Code of Conduct requires the teams established under subparagraph (1) to be physically separated from each other, but the members of each team shall take all reasonable measures to keep confidential information pertaining to the procurement proceedings confidential.
(6)
In this paragraph and paragraph 5, “confidential information” means any information not intended for public disclosure and considered to be confidential or proprietary by persons privy to the information.
Shared resources
3.(1) The Public Utility may, with the approval of the Renewable Energy Procurement Committee
(a)
designate an employee or consultant who is not a member of a team established under paragraph 2 as a shared resource for both teams because of the scarcity of the expertise and services of the employee or the consultant within the Public Utility; and
(b)
authorize the employee or consultant to provide services and information, where necessary, to either team.
(2) An employee or consultant serving as a shared resource pursuant to subparagraph (1) shall not share, whether directly or indirectly, information received from a team established under paragraph 2 with members of the other
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team or other suppliers, except through the communication procedures established by the Committee for the procurement proceedings.
(3) Notwithstanding subparagraph (2) and paragraph 5, where
(a)
information is required to be provided by a team established under paragraph 2 to the other team established under that paragraph; and
(b)
the information, because of its proprietary or confidential nature, cannot be shared through the communication procedures established by the Committee for the procurement proceedings,
the information shall, with the direct oversight of the Committee, be communicated to the Managing Director of the Public Utility for transmission to the other team.
Unassigned resources
4.(1) The Public Utility may, at the request of a team established under paragraph 2, require an employee or consultant who is neither a member of a team established under that paragraph nor designated as a shared resource under paragraph 3, to assist the team in meeting an unforeseen task.
(2) Any assistance rendered under subparagraph (1) shall be
(a)
on an ad hoc basis; and
(b)
limited in purpose and scope to the unforeseen task.
Confidentiality
- An employee or consultant who is or was a member of a team established under paragraph 2 or serves or served such a team pursuant to paragraph 3 or 4 shall not disclose, whether directly or indirectly, confidential information relating to the procurement proceedings or a proposal to
(a)
a member of the other team; or
(b)
another employee or consultant of the Public Utility who does not need to know the information for the purpose of his employment.
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Records 6.(1) The Public Utility shall maintain a record of
(a)
the names, positions and roles of each
(i)
member of a team established under paragraph 2; and
(ii)
employee or consultant who is designated as a shared resource under paragraph 3 or requested to provide assistance under paragraph 4; and
(b)
each acknowledgement of receipt of the Code of Conduct received from an employee or consultant.
(2)
The Public Utility shall keep a record, to be called a communication log, of
(a)
the services provided by an employee or consultant, pursuant to paragraph 3 or 4, to a team established under paragraph 2; and
(b)
any information shared, whether directly or indirectly, between the employee or consultant and a member of the team in relation to the procurement proceedings or the proposal of the Public Utility, and the date and time that the information was shared.
(3)
The Public Utility shall
(a)
provide a copy of the record referred to in subparagraph (1) to the Committee upon its request; and
(b)
ensure that the Committee has contemporaneous access to the communication log.
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Made by the Minister this 10th day of October, 2025.
L. CUMMINS Minister responsible for Energy
10th October, 2025
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Electricity Supply Act (Act 2024–26)
ELECTRICITY SUPPLY (RENEWABLE ENERGY PROCUREMENT COMMITTEE) REGULATIONS, 2025
The Cabinet, in exercise of the powers conferred on it by section 66(2) of the Electricity Supply Act, makes the following Regulations:
- These Regulations may be cited as the Electricity Supply (Renewable Energy Procurement Committee) Regulations, 2025.
- In these Regulations, “Committee” means the Renewable Energy Procurement Committee.
- The Renewable Energy Procurement Committee shall comprise:
(a)
ex officio
(i)
the Director of Utility Regulation or his nominee;
(ii)
a member of the Electricity Panel of the Fair Trading Commission;
(iii) the Director of Renewable Energy or his nominee;
(iv)
the Chief Procurement Officer or his nominee;
(v)
the Director of Planning and Development or his nominee; and
(vi)
the Chief Electrical Officer or his nominee; and
(b)
any person appointed by the Cabinet pursuant to regulation 4.
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- The Cabinet may, where it considers it necessary to do so in relation to a particular procurement, appoint to be members of the Committee, in addition to the persons specified in regulation 3(a), no more than 2 persons who are qualified and experienced in energy, procurement or any other relevant area.
- The Cabinet shall appoint from among the members of the Committee specified in regulation 3(a), a member to be the Chairperson, and another to be the Deputy Chairperson, of the Committee.
- Five members of the Committee shall constitute a quorum of the Committee.
- A member of the Committee appointed pursuant to regulation 4
(a)
shall
(i)
be entitled to such remuneration as the Minister determines; and
(ii)
hold office until the procurement proceedings are concluded; and
(b)
may resign his office by instrument in writing addressed to the Chairman, who shall forthwith forward the instrument to the Cabinet; and the member shall cease to be a member of the Committee upon the date of receipt of the instrument by the Chairman, unless another date is stated in the instrument.
- Where a vacancy in the membership of the Committee arises the Cabinet may appoint a person to fill the vacancy.
- The Committee may
(a)
appoint such sub-committees as it considers appropriate for the discharge of its functions; and
(b)
consult with any person whom it considers as an expert or experienced in a matter before it.
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Made by the Cabinet this 10th day of October, 2025.
SELMA GREEN Cabinet Secretary
Printed and Published by
the Barbados Government Printing Department