3-C-DFCM Health Insurance Statement of Compliance Form, Revised 7.28.25.docx
DOCX document 78 KB Posted
- Attached to
- Regional Conflict Juvenile Defender
- Solicitation number
- CS27-3
- Issued by
- Utah
About this file
This is a Health Insurance Statement of Compliance Form issued by the State of Utah Division of Facilities and Construction Management (DFCM) in connection with a Regional Conflict Juvenile Defender contract opportunity through the Department of Criminal Justice. The form requires contractors and subcontractors to certify compliance with Utah Code 26B-3-909 by providing attestation from a qualified actuary or underwriter that the employer maintains an offer of qualified health insurance coverage for eligible employees and their dependents. The compliance requirement applies to prime contractors with contracts valued at $2,000,000 or more and subcontractors with subcontracts valued at $1,000,000 or more, excluding sole source contracts, emergency procurements, and situations where compliance would jeopardize federal funding.
Non-compliance with the health insurance requirement carries escalating penalties, including three-month suspension from state contracting on a first violation, six-month suspension on a second violation, and potential debarment on a third or subsequent violation. Contractors and subcontractors may also face monetary penalties not to exceed 50% of the cost to provide qualified health insurance coverage for employees who were not offered such coverage during the contract term. Additionally, contractors who intentionally violate the requirement face civil liability to affected employees for uncovered health care costs, and individuals who use contract modifications or multiple contracts to circumvent the requirement are guilty of an infraction under Utah law.
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Text version
HEALTH INSURANCE STATEMENT OF COMPLIANCE
Effective March 22, 2018 (Revised July 28, 2025)
EMPLOYER: Contractor / Company Name
The undersigned is (check applicable box):
☐ An actuary selected by the Employer or the Employer’s insurer.
☐ An underwriter responsible for developing the Employer’s employer group’s premium rates.
☐ An actuary or underwriter selected by a third party administrator as defined in Utah Code § 31A-1-301 for an employee welfare benefit plan described in Utah Code § 63A-5b-607(1)(d)(ii).
The undersigned hereby certifies that as of Click to enter a date the Employer makes and maintains an offer of “qualified health insurance coverage” as that term is defined in Utah Code § 26B-3-909 for the Employer’s eligible employees and the eligible employees’ dependents.
Actuary/Underwriter:
Signature
Please type/print name clearly
Credentials:
Company:
Applies to: (i) a prime contractor (and design professional) if the prime contract (or design professional contract) is in the aggregate amount of $2,000,000 or more; and (ii) a subcontractor (and subconsultant of a design professional) if the subcontract (or subconsultant agreement) is in the aggregate amount of $1,000,000 or more.
Does not apply: (i) if application jeopardizes DFCM’s receipt of federal funds; (ii) if the contract is a sole source contract; or (iii) if the contract is an emergency procurement.
Penalties for non-compliance: Penalties may include: (i) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon a first violation; (ii) a sixth-month suspension of the contractor or subcontractor from entering into future contracts with the state upon a second violation; (iii) an action for debarment of the contractor or subcontractor upon a third or subsequent violation; and (iv) monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health insurance coverage for eligible employees and the dependents of eligible employees of the contractor or subcontractor who were not offered qualified health insurance coverage during the duration of the contract. A contractor or subcontractor who intentionally violates Utah Code § 63A-5b-607 is liable to an eligible employee for health care costs that would have been covered by qualified health insurance coverage. A person who intentionally uses change orders, contract modifications or multiple contracts to circumvent the requirements of Utah Code § 63A-5b-607 is guilty of an infraction.
DFCM Health Insurance Statement Of Compliance Form, 3.22.2018 (Revised 7.28.2025) image1.png
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