3-C-DFCM Health Insurance Statement of Compliance Form, Revised 7.28.25.docx
DOCX document 78 KB Posted
- Solicitation number
- CR27008
- Issued by
- Utah
About this file
This is a Health Insurance Statement of Compliance Form issued by the Utah Division of Facilities Construction and Management (DFCM) effective March 22, 2018 and revised July 28, 2025. The form requires contractors and subcontractors to certify compliance with Utah Code 26B-3-909 by providing evidence from an actuary, underwriter, or third-party administrator that qualified health insurance coverage is offered to eligible employees and their dependents. The compliance requirement applies to prime contractors and design professionals with contracts valued at $2,000,000 or more in aggregate, and to subcontractors and subconsultants with subcontracts valued at $1,000,000 or more in aggregate. The requirement does not apply if compliance would jeopardize receipt of federal funds, if the contract is a sole source procurement, or if the contract involves emergency procurement.
Non-compliance with the health insurance requirement carries significant penalties, including three-month suspension from state contracts for a first violation, six-month suspension for a second violation, and potential debarment proceedings for a third or subsequent violation. Monetary penalties may not exceed fifty percent of the cost to purchase qualified health insurance coverage for affected employees. Contractors who intentionally violate the requirement face direct liability to eligible employees for uncovered health care costs, and any person who intentionally uses change orders, contract modifications, or multiple contracts to circumvent the requirements is guilty of an infraction. For the referenced DFCM Construction project at the Utah State Developmental Center (Steam Condensate Line Repair Phase 2, Project #27338410) with a construction cost estimate of $490,000, this form would not trigger the health insurance compliance requirement, as the contract value falls below the $2,000,000 threshold for prime contractors.
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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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