5 Executive Order 16.pdf
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- Solicitation number
- 2138980
- Issued by
- Albany County, Albany City, New York
About this file
This is a Certification Form related to Executive Order No. 16, issued by the State of New York, which applies to all state entities and authorities conducting procurement activities. The form requires vendors responding to New York State solicitations to certify their compliance status regarding business operations in Russia. Vendors must declare whether they conduct business operations in Russia as defined by the Executive Order, which encompasses any commercial activity, contracting, sales, purchasing, investment, or business partnerships involving Russia, the Russian Government, or Russian-headquartered entities. The New York State Department of Transportation has issued this certification requirement in conjunction with its solicitation for strategic reserves of road salt for Regions 1, 3, 5, 7, and 9, with reserves required to be physically available on or before January 1, 2027, and all deliveries to be completed by March 31, 2027. Interested bidders should request the Invitations for Bid package by contacting Purch-Assist@dot.ny.gov with the reference "BA26-017: Road Salt - Strategic Reserves, Regions 1, 3, 5, 7, and 9," providing their business name, address, phone number, and Federal Employer Identification Number.
Vendors must select one of three certification options: confirming they do not conduct business operations in Russia; confirming they do conduct such operations but are winding down activities with a detailed schedule; or confirming operations limited to vital health and safety services or federal compliance requirements. Vendors who conduct business operations in Russia may still respond to preserve future contracting opportunities, as the Executive Order remains in effect only while federal sanctions are active. All certifications must be signed under penalties of perjury by someone knowledgeable about the vendor's business operations. This certification requirement applies across all procurement solicitations issued by New York State entities and authorities during the period sanctions remain in effect.
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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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