Attachment I - Certification Under Executive Order No. 16.pdf
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- Solicitation number
- 2140589
- Issued by
- New York
About this file
This is a certification document issued under New York State Executive Order No. 16, which prohibits state agencies and authorities from entering into new contracts or renewing existing contracts with entities conducting business operations in Russia. The certification applies to all affected state entities and requires vendors responding to solicitations to disclose their business operations in Russia. Vendors must indicate their compliance status by selecting one of four options: confirming they do not conduct business operations in Russia, confirming they conduct such operations but are winding down those operations with a detailed schedule, confirming they conduct operations only to provide vital health and safety services or comply with federal law, or confirming they conduct business operations in Russia without any exceptions.
The certification must be completed by the vendor's authorized representative under penalties of perjury, with the signatory attesting that they possess knowledge of the vendor's business operations and that their answer is accurate to the best of their knowledge and belief. The document includes fields for the vendor's legal entity name, the representative's signature, name, title, and date of certification. Executive Order No. 16 remains in effect while federal sanctions against Russia continue, though vendors with Russian business operations are encouraged to respond to solicitations to preserve their contracting eligibility 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
Attachment I https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting
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