Important Considerations for the RFP Process

When conducting a service provider request for proposals (RFP), being specific can help ensure plan and participant needs are met, as well as compliance with fiduciary duties.

Selecting a defined contribution (DC) plan recordkeeper, financial adviser or other service provider through a request for proposals (RFP) process can ensure it is best suited to the plan.

The RFP serves as a decisionmaking tool and provides important details based on personalized plan approaches, says Jim Scheinberg, managing partner at North Pier Search Consulting. Without using a well-constructed RFP and by just taking marketing proposals, employers risk noncompliance. “Far too often, that will end up leading to the employer purchasing a product from the most skilled marketers and not necessarily choosing the retirement plan service provider—whether it’s a recordkeeper or adviser—that best meets the plan or participants’ needs,” Scheinberg says.

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He breaks down the RFP clientele into two markets: small and large plans. In smaller plans, employers are more likely to base their decision for a provider on the most prolific marketers, he says. This can be the organization that is frequently cold calling, constantly advertising their campaigns, etc. In this case, the employer’s decision to hire an adviser is based on the likeability or comfort level of the individual, and not necessarily on an objective evaluation process. By using an RFP that’s properly constructed, employers can do side-by-side comparisons of their short-list finalists to find out who the most qualified individuals are, regardless of the relationship an employer may have with them.

Additionally, Scheinberg warns that smaller plans are more likely to select a retirement plan adviser based on ancillary services they may already be consuming. For example, an employer may go to a benefits broker because they already have a business relationship with the broker, or they may go to a banker because a close executive in the company already has a personal financial relationship with the professional. “Both of those can obscure making a prudent decision for what’s best for the retirement plan by putting a personal lens over the decisionmaking process,” Scheinberg cautions.

For larger plans, the RFP is essential in creating a well-documented, prudent process that employers can go back to should their decisionmaking be questioned. How often does one need to embark on a full RFP? There is no fast and steady rule that’s been passed down from the regulators, Scheinberg says, but he notes that as an organization enters the seven- to 10-year range, challenges to the plan sponsor’s vetting of providers can crop up. He recommends going through an RFP process every five years, to stay on the safe side.

Jordan Rice, a manager at Innovest Portfolio Solutions who also leads the RFP process for the company, suggests employers go through the process every three to four years, and maybe five if they believe services are reasonably valued and costs are appropriate. “There’s a fiduciary obligation to ensure that everything [providers are] offering is useful and still current, and that they’re offering to participants the best services that they possibly can,” he says.
Along with Rice, Wendy Dominguez, president and cofounder of Innovest, highlights several best practices for employers that include designing specific RFP questions for surveying, inquiring about certain enhancements tailored to the plan and evaluating prices and fees.

Detailed RFP Questions

The first step in the RFP process is asking the client pertinent questions, Rice says. From that conversation, employers can pinpoint individual issues. For example, if a plan sponsor is inquiring about the enrollment process, instead of asking, “Can you explain your enrollment process?” try, “Can you enroll on a mobile device? Can you enroll over the phone, online? How many steps does this take? What is the average amount of time it would take a participant to enroll in the plan?”

A recent Innovest whitepaper also recommends interacting with and interviewing service teams, especially during finalist presentations. Additionally, plan sponsors may craft a Service Level Agreement (SLA) that includes three components: services to be provided, measurable standard for appropriate service level and penalty when services fall short. Under the SLA, employers would create a list of available services, and then have the service team provide a measurable standard and penalty. This written document holds the recordkeeper accountable should changes occur, according to the whitepaper.

Enhancing the Plan With Key Services

When evaluating recordkeepers, advisers and providers, they may tout certain enhancements to appeal to the employer, such as advanced technology, payroll and contribution efficiency or plan sponsor and participant websites. It’s important for the employer to examine if these improvements will directly match the needs of the plan and participants, Rice says, and ensure that the pricing is cost-effective for the services rendered before agreeing to them.

Gauging Prices and Fees

Rice notes that measuring fees is, at times, the largest struggle in selecting a provider, as costs can be drastically different even if, on paper, all services look the same. You may have an outlier with 30% higher fees than everyone else, or conversely, 30% lower fees than other parties. If there is a product or service that is extremely unique or specialized, that may explain the cost, he says.

However, it’s important to underline that employers are not obligated to select the lowest fee, and that pricing should not be the only consideration. Some features, such as customer service offerings, the number of education days when recordkeepers host group presentations, or even some sort of proprietary investment are all reasons behind higher and lower fees. “You have to look at it in context with the whole situation,” Rice adds.

Dominguez emphasizes the importance of not asking open-ended questions to assess fees. “You have to be very specific in asking the vendors for exactly what you want,” she stresses. “If you lay that out very clearly, you will get fees that reflect that and are easier to assess and evaluate relative to each other.”

Bitcoin As a Retirement Plan Investment?

The cryptocurrency is legally permissible as a 401(k) investment under ERISA, but some plan sponsors may have questions about whether it is prudent.

Bitwage launched what it touted as the “world’s first Bitcoin 401(k) plan” in May.

Bitwage provides cryptocurrency payroll and invoicing services. It says the 401(k) offering is a four-way strategic collaboration between Bitwage, Leading Retirement Solutions, Kingdom Trust and Gemini. Leading Retirement Solutions provides the administration and recordingkeeping for the 401(k) plan. Kingdom Trust is the custodian, Gemini provides a secure and compliant exchange solution and Bitwage acts as a concierge for the company and employees to navigate between all four companies.

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“We have spent the past year building our solution with a flagship client and recently made it available to plan sponsors,” says Kirsten Curry, CEO and attorney at Leading Retirement Solutions in Seattle.

But what is Bitcoin anyway?

Bitcoin is the first implementation of a concept called “cryptocurrency,” or a virtual or digital currency. In simple terms, each bitcoin is a computer file stored in a “digital wallet” application on a smartphone or computer. People can send bitcoins to another digital wallet, and every transaction is recorded in a public list called the blockchain. Some people, called miners, lend their computing power to verify other users’ transactions, so that the same bitcoin isn’t spent twice. In return, they receive new bitcoins. People like Bitcoin because it is decentralized—not controlled by any bank or government—and is fully transparent.

And bitcoins can be used to buy things. Since the cryptocurrency was created in 2009, a number of major companies accept bitcoin as payment, according to several websites, including Microsoft, Overstock and many BMW dealerships in the United States and United Kingdom. But some people like to trade or mine bitcoin in hopes the currency will increase in value. Kingdom Trust CEO Ryan Radloff calls bitcoin “the digital Millennials’ version of the gold bug in the 1970s.”

“Soon after that [rush], gold was introduced as an investment in retirement accounts,” he says. “Investors now have the same continued frustration with government control over currency and the lack of transparency.”

Though Bitcoin is not controlled by the government, the IRS has issued guidance telling taxpayers that income from virtual currency transactions is reportable on their income tax returns. The IRS treats virtual currency as property.

Is Bitcoin a Prudent Investment for Retirement?

While Kingdom Trust is the custodian for the Bitwage 401(k) offering, Radloff says the firm is focusing right now on its individual retirement account (IRA) offering called Choice IRA, which gives retirement investors the ability to access both legacy market and emerging digital market assets, as well as alternatives such as gold, in one account. Radloff says his firm holds about 150 retirement accounts.

“With Choice, we flipped the agenda of the firm to not only cater to RIAs [registered investment advisers] but to individual savers,” he says. “We also have various technologies and service providers helping us bring the best product to market for savers.” Radloff says the Choice IRA uses Fidelity Digital’s institutional grade custody solution for Bitcoin. “We use its storage facility to power our retirement market to store bitcoin. It’s a sub-custody agreement with a technical solutions provider for holding bitcoin,” he explains. Radloff adds that with the weight of the Fidelity name, Kingdom Trust has seen thousands join the wait list for opening a Choice IRA since the program was announced.

Radloff says most people coming to the Choice IRA website already own bitcoin. “More than 10 million people have bitcoin, and more than 7 million also have a retirement account. They believe in its value, but they are not able to own in it in their retirement account,” he says.

Radloff says people interacting with bitcoin in retirement accounts are expressing the view that, just like Apple and Tesla stock, bitcoin will be more valuable in 10 years. “When they are ready to exit their position [in bitcoin], they will sell if for dollars, just like they would sell stock,” he says. “The reason the price goes up for bitcoin is more and more people are demanding it. Those who have bought bitcoin know that and it is causing them to be bullish on bitcoin.”

However, Radloff notes, “if you ask 10 professional fund managers, you won’t have all 10 believe in bitcoin.” And any internet search about the return on investment of bitcoin will produce many articles about how volatile and risky bitcoin is as an investment.

Curry says 401(k) service providers and plan sponsors have historically shied away from allowing non-traditional investments in a 401(k) plan for a few reasons, one being risk. However, she notes, “Bitcoin continues to become more mainstream, with the Office of the Comptroller of the Currency [OCC] ruling as recently as July that national banks can hold cryptocurrency, including in a fiduciary capacity, and would have the authority to manage bitcoin in the same way that a bank can manage other assets.”

The Employee Retirement Income Security Act (ERISA) does not generally prohibit a 401(k) plan from providing access to a particular type of asset, so long as the asset is made available to participants who should be eligible to invest in it, Curry says. “Thus, ERISA does not prohibit bitcoin as an available investment option in a 401(k) plan.”

Rather, Curry says, ERISA prescribes what is required when offering access to investments. “When adding bitcoin as an available investment option there are ERISA requirements, including disclosure requirements, that apply just as they do to traditional assets like mutual funds,” Curry says. “Plan participants should be provided with timely and appropriate notice that this type of digital asset is available as an investment opportunity. The risk, performance, cost and more should be properly disclosed to participants so they can make informed decisions as to investing in this type of asset.”

Radloff says Kingdom Trust’s 401(k) plan offers bitcoin as an investment option. “Employees can use those assets or not. It’s a choice,” he says.

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