3-C-DFCM Health Insurance Statement of Compliance Form, Revised 7.28.25.docx

DOCX document 78 KB Posted

Attached to
DFCM Construction - VBS Construction Stage II - Invitation to Bid - DNR/State Parks - Great Salt Lake Marina Water Line Replacement - Project #22236510
Solicitation number
MP26045-Stage II
Issued by
Utah

About this file

The Health Insurance Statement of Compliance Form is a certification document required by Utah's Division of Facilities and Construction Management (DFCM) for contractors and subcontractors on state construction projects. The form requires an actuary, underwriter, or third-party administrator to certify that the employer maintains an offer of qualified health insurance coverage for eligible employees and their dependents as defined under Utah Code 26B-3-909. The compliance requirement applies to prime contractors on contracts valued at $2,000,000 or more and subcontractors on subcontracts valued at $1,000,000 or more. The requirement does not apply if compliance would jeopardize DFCM's receipt of federal funds, if the contract is awarded as a sole source procurement, or if the contract is for emergency procurement. The form was originally effective March 22, 2018, and was revised July 28, 2025.

Non-compliance with the health insurance requirement carries escalating penalties including suspension from state contracting for three months on a first violation, six months on a second violation, and potential debarment on a third or subsequent violation. Contractors may also face monetary penalties not to exceed 50 percent of the cost necessary to purchase qualified health insurance coverage for eligible employees and dependents who were not offered coverage during the contract term. Additionally, contractors who intentionally violate the requirement are liable to eligible employees for uncovered health care costs, and persons who intentionally use change orders, contract modifications, or multiple contracts to circumvent the requirements are subject to infraction charges under Utah Code 63A-5b-607.

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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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