3-C-DFCM Health Insurance Statement of Compliance Form, Revised 7.28.25.docx
DOCX document 78 KB Posted
- Solicitation number
- CS27014
- Issued by
- Utah
About this file
This is a Health Insurance Statement of Compliance Form issued by the State of Utah's Division of Facilities Construction and Management (DFCM), effective March 22, 2018 and revised July 28, 2025. The form requires contractors and subcontractors on state construction projects to certify compliance with Utah Code provisions mandating the offer of qualified health insurance coverage to eligible employees and their dependents. The form applies to prime contractors and design professionals with contracts valued at $2,000,000 or more, and subcontractors and subconsultants with subcontracts valued at $1,000,000 or more. The certification must be executed by an actuary, underwriter, or third-party administrator and submitted with evidence that the employer maintains and offers qualified health insurance coverage as defined under Utah Code 26B-3-909.
The compliance requirement does not apply if application would jeopardize DFCM's receipt of federal funds, if the contract is sole source, or if it is an emergency procurement. Violations carry escalating penalties including three-month suspension from state contracts for first violations, six-month suspension for second violations, and potential debarment action for third or subsequent violations. Monetary penalties may not exceed 50% of the cost to purchase qualified health insurance coverage for non-compliant employees. Contractors who intentionally violate the requirement face civil liability to affected employees for uncovered health care costs, and those who use change orders, modifications, or multiple contracts to circumvent the requirement commit an infraction. For the referenced Roosevelt Heat Pumps Phase 2 project at Uintah Basin Technical College with a construction cost estimate of $400,000, this compliance requirement does not apply as the project 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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