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(3) the Contractor or related entity is in compliance with and,during the three-year period before submitting the <br /> verification,has not violated section 181.723 or chapter 3261,For purposes of this clause,a violation <br /> occurs when a contractor or related entity has been issued a final administrative or licensing order, " <br /> (4) the Contractor or related entity has not,more than twice during the three-year period before submitting the <br /> verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the <br /> provisions of section 363A.36,with the revocation or suspension becoming final because it was upheld by <br /> the Office of Administrative Hearings or was not appealed to the office;• <br /> (5) the Contractor or related entity has not received a final determination assessing a monetary sanction from <br /> the Department of Administration or Transportation for failure to meet targeted group business, <br /> disadvantaged business enterprise,or veteran-owned business goals,due to a lack of good faith effort, <br /> more than once during the three-year period before submitting the verification;" <br /> 'Any violations,suspensions, revocations,or sanctions,as defined in clauses(2)to(5),occurring prior to <br /> July 1,2014,shall not be considered in determining whether a contractor or related entity meets the <br /> minimum criteria, <br /> (6) the Contractor or related entity is not currently suspended or debarred by the federal government or the <br /> state of Minnesota or any of its departments,commissions,agencies,or political subdivisions that have <br /> authority to debar a contractor;and <br /> (7) Check if all subcontractors that the contractor intends to use to perform project work have verified to the <br /> contractor through a signed statement under oath by an owner or officer that they meet the minimum <br /> criteria listed in clauses(1)to(6). <br /> Minn. Stat. 160,285,Subd.5.SUBCONTRACTOR VERIFICATION <br /> A Prime Contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of <br /> all of its first-tier subcontractors that It intends to retain for work on the project. <br /> Prior to execution of a construction contract,and as a condition precedent to the execution of a construction <br /> contract,the apparent successful prime contractor shall submit to the contracting authority a supplemental <br /> verification under oath confirming compliance with subdivision 3,clause(7).Each contractor or <br /> subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a <br /> signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in <br /> subdivision 3 prior to execution of a construction contract with each subcontractor, <br /> if a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its <br /> verification of compliance,the prime contractor or subcontractor shall obtain verifications of compliance from <br /> each additional subcontractor with which it has a direct contractual relationship and shall submit a <br /> supplemental verification confirming compliance with subdivision 3,clause(7),within 14 days of retaining <br /> the additional subcontractors, <br /> A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of <br /> compliance from all subcontractors of any tier pursuant to subdivision 3,clause(7).A prime contractor and <br /> subcontractors shall not be responsible for the false statements of any subcontractor with which they do not <br /> have a direct contractual relationship.A prime contractor and subcontractors shall be responsible for false <br /> statements by their first-tier with which they have a direct contractual relationship only if they accept the <br /> verification of compliance with actual knowledge that it contains a false statement. <br /> Minn.Stat. 16C.285, Subd.5a.MOTOR CARRIER VERIFICATION <br /> A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a <br /> direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet <br /> all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor <br /> carrier.A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate <br /> written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in <br /> subdivision 3 after submitting its annual verification.A motor carrier shall be ineligible to perform work on a <br /> project covered by this section if it does not meet all the minimum criteria in subdivision 3.Upon request,a <br /> prime contractor or subcontractor shall submit to the contracting authority the signed verifications of <br /> compliance from all motor carriers providing for-hire transportation of materials,equipment,or supplies for a <br /> project. <br /> _ C <br /> Verification of Compliance <br /> 00 45 45-2 ELKMU 134310 <br /> 96 <br />