Why Your Internal RFP May Not Hold Up in Court



The Hidden Weakness of Internal RFPs

Internal RFPs often rely on:

  • Relationships with long-time advisors or brokers

  • Vague or outdated benchmarks

  • Undocumented decision-making

    These practices feel normal — even efficient. But from a fiduciary perspective, they can look biased, incomplete, or worse: negligent.



What Courts and Regulators Actually Want

Fiduciary compliance isn’t about doing what you think is best. It’s about proving that you followed a neutral, thorough, and well-documented process. That includes:

✅ Impartial vendor evaluations
✅ Fee benchmarking across the relevant market
✅ Written rationale for decisions
✅ Records of due diligence and comparisons

Without these, your internal process may not be enough — even if your vendor is performing well.


The Real Cost of “We’ve Always Done It This Way”

The most common mistake we see? Renewing a vendor without documenting why.

Even if you’ve used the same advisor or broker for years, ERISA still requires that you regularly:

Review fees

Evaluate performance

Compare options

Failing to do so could result in fines, lawsuits, and public reputational damage — especially as class-action lawsuits around benefit plans continue to rise.


Independent Evaluation = Fiduciary Protection

This is where we come in.

At Culpepper RFP, we conduct independent, conflict-free evaluations of retirement and health benefit service providers. We’re not affiliated with any broker, advisor, or vendor — and we don’t sell services ourselves.

That’s why ERISA attorneys refer us to their clients:
Because we help build a legally defensible process — one that removes doubt and protects your organization before problems arise.



If You Haven’t Reviewed Your Process in 3+ Years, Now Is the Time

The law is evolving. Litigation is increasing. And “good enough” processes aren’t cutting it anymore.

Let’s make sure your internal RFP process isn’t just thorough — it’s legally sound

Ready for an impartial second opinion? Let’s talk. Schedule a call HERE.

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How Vendor Relationships Can Create Hidden Fiduciary Risk — Even When Performance Is Strong

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The #1 Reason ERISA Attorneys Refer Us — And What They Know That You Don’t