Attachment I - Certification Under Executive Order No. 16.pdf

PDF 96 KB Posted

Attached to
Copado DevOps Platform
Solicitation number
2137801
Issued by
Albany County, Albany City, New York

About this file

This is a certification attachment required by New York State under Executive Order No. 16, which prohibits state agencies and authorities from contracting with businesses conducting business operations in Russia. The certification applies to all affected state entities and requires vendors to declare their business relationship status with Russia prior to contract award. Vendors must certify their compliance status by selecting one of four options: confirming they do not conduct business operations in Russia, indicating they are winding down operations in Russia with a detailed schedule, confirming operations are limited to vital health and safety services or federal compliance, or acknowledging they conduct business operations in Russia. The certification must be signed under penalties of perjury by an authorized individual knowledgeable about the vendor's business operations, with the vendor's legal entity name, signatory name and title, and date included on the form.

The Executive Order remains in effect while federal sanctions against Russia are in place. Notably, vendors who may be excluded from award due to current Russian business operations are still encouraged to submit responses to solicitations to preserve future contracting opportunities should sanctions be lifted during the solicitation period or after award. Vendors selecting option 2.a or 2.b must provide detailed descriptions of their wind-down processes with completion schedules or documentation of vital services and applicable federal requirements, respectively. This certification requirement applies broadly across state contracting and must be completed for each solicitation response.

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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

Certification: Off
Vendor Name:
Name:
Date:
Title:

File details come from the government source that posted it. Updated .