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34 SECTION 2: MASTER AGREEMENT TERMS AND CONDITIONS | 2014_0122
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<br />a. That the effective interactive control and use of the technology, including the operating system applications
<br />programs, prompts, and format of the data presented, are readily achievable by nonvisual means;
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<br />b. That the nonvisual access technology must be compatible with information technology used by other individuals
<br />with whom the blind or visually impaired individual must interact;
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<br />c. That nonvisual access technology must be integrated into networks used to share communications among
<br />employees, program participants, and the public; and
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<br />d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual
<br />means to telecommunications or other interconnected network services used by persons who are not blind or
<br />visually impaired.
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<br />These standards do not require the installation of software or peripheral devices used for nonvisual access when the
<br />information technology is being used by individuals who are not blind or visually impaired.
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<br />21. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide
<br />their Federal Employer Identification Number or Social Security Number. This information may be used in the
<br />enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract
<br />Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax
<br />authorities and State personnel involved in the payment of State obligations.
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<br />22. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and
<br />belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to
<br />organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned
<br />activities or because of relationships with other persons:
<br />● a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State;
<br />● the Contract Vendor’s objectivity in performing the work is or might be otherwise impaired; or
<br />● the Contract Vendor has an unfair competitive advantage.
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<br />The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and
<br />full disclosure in writing shall be made to the Assistant Director of the Department of Administration’s Materials
<br />Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take
<br />to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its
<br />discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of
<br />interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement
<br />Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be
<br />included in all subcontracts for work to be performed, and the terms “Contract,”“Contract Vendor,” “Master
<br />Agreement”, “Master Agreement Administrator” and “Contract Administrator” modified appropriately to preserve the
<br />State’s rights.
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<br />23. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY.
<br />Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply
<br />with the Payment Card Industry Data Security Standard (“PCIDSS”). “Network Components” shall include, but are not
<br />limited to, Contract Vendor’s firewalls, switches, routers, wireless access points, network appliances, and other
<br />security appliances; “Applications” shall include, but are not limited to, all purchased and custom external (web)
<br />applications. “Servers” shall include, but are not limited to, all of Contract Vendor’s web, database, authentication,
<br />DNS, mail, proxy, and NTP servers. “Cardholder Data” shall mean any personally identifiable data associated with a
<br />cardholder, including, by way of example and without limitation, a cardholder’s account number, expiration date,
<br />name, address, social security number, or telephone number.
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<br />Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use
<br />Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other
<br />uses specifically required by law. Contract Vendor must have a business continuity program which conforms to
<br />PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other
<br />disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this
<br />Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a
<br />representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security
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