5 Executive Order 16.pdf
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- Solicitation number
- 2138674
- Issued by
- Essex County, New York
About this file
This is a certification document issued by the State of New York under Executive Order No. 16, which prohibits state agencies and authorities from contracting with businesses conducting business operations in Russia. The Executive Order remains in effect while federal sanctions against Russia are maintained. Vendors responding to state solicitations must certify their compliance status regarding business operations in Russia, which is defined as any commercial activity, contracting, sales, purchasing, investment, or business partnerships conducted in Russia or with the Russian Government and Russian-headquartered entities or those with principal places of business in Russia.
Vendors must select one of four certification options: confirming they do not conduct business operations in Russia; confirming they conduct such operations but are winding down with detailed description and completion schedule; confirming operations limited to vital health and safety services or federal compliance requirements with supporting documentation; or confirming ongoing business operations in Russia. The certification must be signed by an authorized representative under penalties of perjury and must include the vendor's legal entity name, signatory name and title, and date of certification. Vendors conducting business in Russia may still respond to solicitations to preserve contracting opportunities in the event sanctions are lifted during the solicitation process or after contract award.
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Text version
Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.
The Executive Order remains in effect while sanctions imposed by the federal government are in effect.
Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.
As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.
Is Vendor an entity conducting business operations in Russia, as defined above? Please answer by checking one of the following boxes:
1. No, Vendor does not conduct business operations in Russia within the meaning of Executive Order No. 16.
2.a. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16 but has taken steps to wind down business operations in Russia or is in the process of winding down business operations in Russia. (Please provide a detailed description of the wind down process and a schedule for completion.)
2.b. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16 but only to the extent necessary to provide vital health and safety services within Russia or to comply with federal law, regulations, executive orders, or directives. (Please provide a detailed description of the services being provided or the relevant laws, regulations, etc.)
3. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16.
The undersigned certifies under penalties of perjury that they are knowledgeable about the Vendor’s business and operations and that the answer provided herein is true to the best of their knowledge and belief.
Vendor Name:
(legal entity)
By:
(signature)
Name:
Title:
Date:
Certification Under Executive Order No. 16 Prohibiting State Agencies and Authorities from Contracting with
Businesses Conducting Business in Russia https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting
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