# The Occupational Pension Schemes (Scheme Administration) Regulations 1996, Paragraph 5: Meaning of “qualifying tender process”


(1) In this Schedule “qualifying tender process” means the process of—
(a) inviting, and using reasonable endeavours to obtain, bids for the provision of the relevant FM services from at least three persons who are not excepted persons and are not—
(i) connected to each other, or
(ii) party to any joint venture with each other, and
(b) evaluating the bids which are obtained.
(2) In this paragraph—
“bid” means an offer in writing to provide the relevant FM services at a stated price;
“the relevant FM services”—
(a)where the trustees propose to appoint a person as an in-scope FM provider to manage any of the manageable assets of the relevant trust scheme, are fiduciary management services involving the management of those assets;
(b)where—
(i)the trustees propose to increase the amount of assets managed by an in-scope FM provider (“F”), and
(ii)F was not appointed following a relevant tender process,
are fiduciary management services involving the management of the total amount of assets that F would manage were the proposed increase to be made;
(c)where—
(i)the trustees propose to increase the amount of assets managed by an in-scope FM provider (“F”), and
(ii)F was appointed following a relevant tender process,
are fiduciary management services involving the management of the additional amount of assets that F would manage were the proposed increase to be made;
(d)where the duty in paragraph 7(1) or 9(3) applies, are fiduciary management services involving the management of the total amount of assets currently managed under the existing arrangements with the continuing in-scope FM providers or NRP FM providers (as the case may be).

---
Source: https://www.legislation.gov.uk/uksi/1996/1715/schedule/paragraph/5 (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-scheme-administration-regulations-1996/schedule/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.