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

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Attached to
DFCM Construction - Prequalified Mechanical Stage II - Department of Health & Human Services-Utah State Hospital- Forensics Heating/Cooling End of Hall Units - Project #27139420
Solicitation number
CR27022
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 through an actuary or underwriter that they offer qualified health insurance coverage to eligible employees and their dependents as defined under Utah Code 26B-3-909. The compliance requirement applies to prime contractors and design professionals with contracts valued at $2,000,000 or more, and subcontractors and subconsultants with agreements 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 a sole source procurement, or if the contract is an emergency procurement. For the related Stage II construction project at the Utah State Hospital Forensics Building involving installation of new AC Split Systems with a construction cost estimate of $200,000, this health insurance compliance requirement would not apply due to the contract value falling below the $1,000,000 subcontractor threshold.

Non-compliance with the health insurance requirement carries graduated penalties including a three-month suspension from state contracting on a first violation, a six-month suspension on a second violation, and potential debarment action upon a third or subsequent violation. Additional penalties may include monetary sanctions not exceeding 50 percent of the cost to purchase qualified health insurance coverage for affected employees and dependents. Contractors who intentionally violate the requirement are liable to eligible employees for uncovered health care costs, and those who use change orders, contract modifications, or multiple contracts to circumvent the requirements are subject to infraction charges. The form requires the responsible actuary or underwriter to provide their signature, printed name, credentials, and company affiliation.

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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

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