2-Prerequisites 25-03991VW.docx

DOCX document 952 KB Posted

Attached to
Davis SLC Connector Final Design and Construction Phase Services
Solicitation number
25-03991VW
Issued by
Utah

About this file

This document is a prerequisites file for a Utah Transit Authority (UTA) contract opportunity, specifically focusing on health insurance coverage requirements for construction and design contractors. The file outlines mandatory compliance with Utah Code 17B-2a-818.5, which applies to prime contracts valued at $2,000,000 or more and subcontracts valued at $1,000,000 or more. Contractors must provide a statement of actuarial equivalency demonstrating that they offer qualified health insurance coverage to employees and dependents, with potential penalties for non-compliance including suspension from future UTA contracts and monetary penalties.

The prerequisites document details specific submission requirements, including uploading a W9 form, agreeing to UTA tax-exempt form terms, participating in the Bonfire Q&A period, and providing a certificate of compliance with health insurance regulations. Contractors must submit a written statement of actuarial equivalency from the Utah Insurance Department, an actuary, or an underwriter, verifying that their health insurance plan meets the state's requirements. Non-compliance will result in the bid or proposal being considered non-responsive, with escalating penalties for repeated violations, including potential contract suspension and disbarment from future UTA contracts.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Prerequisites

1. I certify that the W9 form is uploaded with Proposal. Yes

2. I certify that I have read and agree to the terms in the below UTA Tax Exempt Form Construction yes

3. I certify that I have read and agree to the term that all questions and answers must be asked through Bonfire during the Q&A period. Yes

4. I certify that I have read and agree to the terms in the Qualified Heath Insurance Coverage and statement of Actuarial Equivalency. Yes See document below.

“Any Design or Construction Contracts MUST Read and Comply with Utah Code §17B-2a-818.5. The prime contract value threshold is $2,000,000 or greater and the subcontract value threshold is $1,000,000. These values also cover change orders that increase the value of the original contract.” See document below.

Supplemental Solicitation Requirement Qualified Health Insurance Coverage

In the 2009 legislative general session a law was passed that requires that all construction contractors and design consultants (and their subcontractors) who enter into UTA design or construction contracts over designated contract/subcontract thresholds must comply with the qualified health insurance coverage requirement outlined in Utah Code Ann. (UCA) §17B-2a-818.5. In the 2016 legislative general session the law was revised to raise the threshold contract and subcontract thresholds. The prime contract value threshold is $2,000,000 or greater and the subcontract value threshold is $1,000,000.

Web link to qualified health care coverage limits:

http://www.health.utah.gov/chip/PDF/2016Benchmark.pdf

Web link to UCA §17B-2a-818.5:

https://le.utah.gov/xcode/Title17B/Chapter2A/17B-2a-S818.5.html?v=C17B-2a-S818.5_2016031720160317

As required by Utah Code §17B-2a-818.5, UTA will NOT enter into a contract with a construction contractor or design consultant without demonstrating that qualified health insurance coverage will be provided to all contractor and subcontractor employees. Prior to executing a contract, the construction contractor or design consultant will need to provide:

1. For the contractor/consultant, and each applicable subcontractor/subconsultant, a separate written a statement of actuarial equivalency (which is no more than one year old), demonstrating that such entity provides a health benefit plan to its employees and their dependents that complies with the requirements of UCA §17B-2a-818.5 and UCA §26-40-115(1)(a) (as applicable). Each statement of actuarial equivalency must be from: (a) the Utah Insurance Department; (b) an actuary; or (c) an underwriter who is responsible for developing the employer group’s premium rates. An example of an acceptable statement of actuarial equivalency is provided below:

STATEMENT OF ACTUARIAL EQUIVALENCY

As of (Date)______,, __________ (REQUESTING ENTITY) has chosen to offer health insurance coverage to its employees through ________________(Insurance Company). (Actuary or Underwriter Representative) has reviewed the plan design, premiums and contribution information for such health insurance coverage and has concluded that the health insurance coverage has a combined actuarial value that is at least actuarially equivalent to that required pursuant to UCA §17B-2a-818.5.

___________________(Actuary’s or Underwriter’s Representative’s Signature) Printed Name Credentials Company

1. A signed certificate of compliance on the form attached as Exhibit “A.”

If you fail to comply with these requirements, your bid/proposal will be considered non-responsive.

EXHIBIT “A”

CERTIFICATE OF COMPLIANCE

On behalf of _______________________ , the undersigned hereby certifies to the Utah Transit Authority Procurement Officer that it complies in full with the Health Benefit Plan Requirements, as set forth in the Utah Code Ann. §17B-2a-818.5, et seq. Pursuant to this Certification, the undersigned:

· certifies that the undersigned will maintain, and will cause applicable subcontractors to maintain, an offer of qualified health insurance coverage for employees and their dependents for the full duration of the below-specified contract with UTA;

· attaches (on behalf of itself and all applicable subcontractors) the required written statement(s) of actuarial equivalency from either the Utah Insurance Department, an actuary or an underwriter;

· certifies that the requirements of Utah Code Ann. §17B-2a-818.5 have been included in applicable subcontracts;

· acknowledges that Utah Transit Authority shall have the right to audit contractor/subcontractor records to verify compliance with the matters set forth in this Certificate;

· acknowledges that penalties may be imposed of a contractor/subcontractor intentionally violates the provisions of Utah Law, which may include:

●a three-month suspension of the contractor or subcontractor from entering into future contracts with Utah Transit Authority upon the first violation;
●a six-month month suspension of the contractor/ subcontractor from entering into further contracts with Utah Transit Authority upon the second violation;
●an action for disbarment of the contractor/ subcontractor in accordance with Utah Code Ann. §63G-6-904 upon the third or subsequent violation; and
●monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health insurance coverage for employees and dependants of employees of contractors or subcontractors who were not offered qualified health insurance coverage during the duration of the contract.
Company Name:_________________________________________
Address:_________________________________________
Signed:_________________________________________
Title:_________________________________________
Telephone:_________________________________________
Date:___________ UTA Contract No. ______________

image1.png image2.png image3.png image4.png

File details come from the government source that posted it. Updated .