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<br /> The prospective lower tier participant further agrees by submitting this proposal that it will include this
<br />clause titled, “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier
<br />Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for
<br />lower tier covered transactions.
<br /> A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
<br />tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
<br />suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is
<br />erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
<br />principals. Each participant may, but is not required to, check the list of parties excluded from federal
<br />procurement and nonprocurement programs.
<br /> Nothing contained in the foregoing shall be construed to require establishment of a system of records in
<br />order to render in good faith the certification required by this clause. The knowledge and information of a
<br />participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
<br />course of business dealings.
<br /> Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
<br />transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
<br />under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
<br />this transaction, in addition to other remedies available to the Federal government, the department or agency
<br />with which this transaction originated may pursue available remedies, including suspension and debarment.
<br /> Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered
<br />Transactions.
<br /> The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
<br />principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br />excluded from participation in this transaction by any Federal department or agency.
<br /> Where the prospective lower tier participant is unable to certify to any of the statements in this
<br />certification, such prospective participant shall attach an explanation to this proposal.
<br /> Government Data Practices.
<br />The Contractor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,
<br />(and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to
<br />Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time
<br />to time) as it applies to all data provided by the Lead State to the Contractor and all data provided to the Lead State by
<br />the Contractor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected,
<br />received, stored, used, maintained, or disseminated by the Contractor in accordance with the Master Agreement that is
<br />private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch.
<br />13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial
<br />Branch).
<br />In the event the Contractor receives a request to release the data referred to in this article, the Contractor must
<br />immediately notify the Lead State. The Lead State will give the Contractor instructions concerning the release of the data
<br />to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the
<br />data by either the Contractor or the Lead State.
<br />The Contractor agrees to indemnify, save, and hold the Lead State, its agent and employees, harmless from all claims
<br />arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota
<br />DocuSign Envelope ID: 87F53414-136E-413E-907B-A408CF7AA97C
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