R916. Transportation, Operations, Construction.R916-5. Health Insurance Coverage in State Contracts Implementation.
R916-5-1. Purpose.
The purpose of this rule is to comply with Section 72-6-107.5.
R916-5-2. Authority.
This rule is authorized pursuant to Section 72-6-107.5, which requires the Utah Department of Transportation to adopt administrative rules that establish the requirements and procedures contractors and subcontractors must follow to comply with Section 72-6-107.5.
R916-5-3. Definitions.
(1) Except as otherwise stated, terms used in this rule are defined in Section 72-6-107.5.
(2) In addition to the definitions described in Section 72-6-107.5, the following definitions apply:
(a) "Contractor" means a person awarded a contract with the department.
(b) "Consultant" means a contractor that is an expert or trained professional that performs professional services as may be necessary for the planning, progress, and completion of any design, engineering, and engineering-related service for the department.
(c) "Executive Director" means the Executive Director of the Department of Transportation, including, unless otherwise stated, the executive director's designee.
(d) "Department" means the Department of Transportation established pursuant to Section 72-1-201.
(e) "Employee" is as defined in Subsection 34A-2-104(1)(b) who lives or works in the state together with their dependents.
(f) "Project" means the design, construction, or maintenance of a road or associated facility on the right of way owned by the state.
(g) "Subconsultant" means a subcontractor that contracts with a consultant.
R916-5-4. Application.
As described in Section 72-6-107.5, this rule applies to contractors and subcontractors.
R916-5-5. Not Basis for Protest, Suspension, Disruption, or Termination.
(1) As described in Section 72-6-107.5, the failure of a contractor or subcontractor to comply with Section 72-6-107.5 may not be the basis for a bid protest or any action or suit that would suspend, disrupt, or terminate the design or construction of a project.
(2) A contractor who cannot demonstrate compliance with Section 72-6-107.5 when submitting the executed contract, signed by the successful bidder, may be declared non-responsive and the department may award the contract to the next lowest responsive and responsible bidder.
(3) A consultant to which the department awards a contract pursuant to Section 63G-6a-507 that is unable to demonstrate compliance with Section 72-6-107.5 within 14 calendar days after being ranked first during a consultant selection process may be declared non-responsive. The department may then enter negotiations with the new first-ranked responsive consultant.
R916-5-6. Requirements and Procedures a Contractor Must Follow.
(1) To demonstrate compliance with Section 72-6-107.5, a contractor or subcontractor shall comply with the requirements and procedures of this section no later than the date the relevant contract is executed.
(2) A contractor shall provide to the department:
(a) a written certification that the contractor and each subcontractor have and will maintain during the contract an offer of qualified health coverage for each employee; and
(b) written certification from each relevant subcontractor at any tier that the subcontractor has and will maintain during the contract an offer of qualified health coverage for each employee.
(2)(a) A contractor shall include a requirement in the subcontract and certify to the department that a subcontractor must obtain and maintain an offer of qualified health coverage for the subcontractor's employees and the employee's dependents during the duration of the subcontract.
(b) A contractor shall certify to the department that each subcontractor has and will maintain an offer of qualified health coverage for each employee including dependents during the duration of the contract.
(3)(a) The department may require a contractor to recertify by submitting a written request to the contractor that must be submitted within ten business days of receiving the written request.
(b) The department may not require a contractor to recertify more than twice in any 12-month period.
(4)(a) If a contractor becomes subject to the requirements of Section 72-6-107.5, the contractor must obtain and submit to the department a written statement of compliance.
(b) If a subcontractor becomes subject to the requirements of Section 72-6-107.5, the contractor must obtain from the subcontractor a written statement of compliance.
