REQUEST FOR PROPOSAL
FOR THE STATE OF WISCONSIN
Department of Employee Trust Funds
Federal Tax Counsel for the Wisconsin Retirement System and Related Programs
ETE0017

To: Whom It May Concern:

ETF is requesting proposals for federal tax counsel services for the Wisconsin Retirement System and related programs. The Department intends to use the results of this RFP process to award a contract for the period 7/1/15 through 6/30/16. An option to extend the contract for five additional one-year periods may be included subject to the satisfactory negotiation of terms, including prices.

This procurement is authorized under Chapter 40 of the Wisconsin State Statutes.  All decisions and actions under this request for proposal are solely under the authority of the Employee Trust Funds Board. Procurement statutes and rules that govern other State agencies may not be applicable.

All modifications and other information associated with this RFP will be posted at http://etfextranet.it.state.wi.us. Interested vendors are encouraged to check http://etfextranet.it.state.wi.us for updates frequently. No other notification regarding modifications will be provided.

The Department of Employee Trust Funds is a Wisconsin State agency that administers retirement, health, life, income continuation, long-term disability, and long‑term care insurance programs for over 580,000 state and local government employees and annuitants.

The WRS is a defined-benefit multi-employer qualified retirement system under Section 401(a) of the Internal Revenue Code.  Employees of the State of Wisconsin, the University of Wisconsin System, local government employers, technical colleges and school districts are included in this system, which covers over 1,500 employers and over 580,000 active, inactive and retired members.

ETF will select qualified counsel to provide ETF with legal services on specific issues as well as on an as-needed basis in a variety of civil matters requiring expertise in federal tax law, primarily regarding ongoing qualification of defined benefit public employee retirement plans under the Internal Revenue Code (IRC).

State law requires the Board and ETF to ensure that the WRS complies with and is administered in a manner consistent with the IRC. Wis. Stats. §§ 40.015, 40.03 (1)(am) and (2)(t). The Board is authorized by law to employ or select any legal contractors as are required for the administration of the Trust Fund. Wis. Stats. § 40.03 (1)(c).

All the benefit plans that ETF administers are affected by the IRC. The WRS is a tax-qualified plan. During the past five years of work with outside tax counsel, ETF has received two favorable determination letters from the IRS, and worked on numerous complex ad-hoc tax-related projects.

The scope of this contract will include:

• Advise on drafting of proposed legislation, regulations, rules, policies and plan documents regarding benefit plans under Chapter 40 of the Wisconsin Statutes to ensure compliance with the qualification provisions for public employee retirement plans under the IRC to maintain the status of the WRS as a governmental plan under 26 USC § 414(d) and 29 USC § 1002(32).
• Provide legal advice and guidance on federal tax and international tax matters relating to the administration of public employee benefit plans under the IRC and related Treasury Regulations and Chapter 40 of the Wisconsin Statutes.
• Respond to and represent the WRS in the event of an IRS examination of any retirement or benefit plans administered by ETF.
• Represent or assist in the representation of ETF before the IRS if the IRS seeks fines, forfeitures, penalties or other recovery for non-compliance by ETF in the administration of the WRS.
• Provide timely informational updates regarding changes to federal law and regulations that may affect the WRS.
• Work with ETF staff, or, as directed by ETF, with other entities, to resolve issues related to tax-preferred programs administered by third parties.
• File a request for a determination letter before the WRS’ current determination letter expires.
• Upon request, attend board meetings and other staff meetings in Madison, Wisconsin. Travel costs to be reimbursed consistent with State authorized rates. Vendor must submit qualified receipts to receive reimbursement.

Vendor Questions & Letter of Intent to Respond Deadline: January 30, 2015

The deadline for receipt of proposals for this RFP is February 16, 2015 2:00 PM, CST. Late submissions will not be considered. Questions may be submitted as indicated in the RFP via email to ETFProcurement@etf.wi.gov.

If you submitted a question prior to the January 30 deadline, and do not see it answered here, please contact ETFProcurement@etf.wi.gov.

Request for Proposal

RFP