eo-16 certification.pdf

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Attached to
Secondary Pharmacy Distribution Services
Solicitation number
2136923
Issued by
New York

About this file

This is an Executive Order No. 16 Certification document applicable to state contracting in New York. The certification requires vendors to disclose whether they conduct business operations in Russia, as defined by the executive order. Vendors must certify their status by selecting one of four options: confirming they do not conduct business in Russia; indicating they are winding down operations in Russia with a detailed timeline; confirming operations are limited to vital health and safety services or federal law compliance; or acknowledging they conduct business operations in Russia. The certification applies to the Secondary Pharmacy Distribution Services solicitation issued by Roswell Park, which seeks qualified pharmaceutical distributors to supply oral medications, oral suspensions, and other pharmaceutical products on an as-needed basis.

The executive order remains in effect while federal sanctions against Russia are active, though vendors are encouraged to respond to solicitations regardless of their current status to preserve future contracting opportunities if sanctions are lifted. Vendors must execute the certification under penalties of perjury, confirming they are knowledgeable about their organization's business operations and that their responses are accurate. No service-disabled veteran-owned business, minority-owned business enterprise, women-owned business enterprise, or disadvantaged business enterprise contracting goals have been established for this procurement. BluPax Pharmaceuticals, LLC previously held an identical or substantially similar contract with Roswell Park within the past five years.

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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

Provider Number: ______________________________

Initiative Name: _______________________________ https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

Certification: Off
Vendor Name:
Name:
Date:
Title:
Provider Number:
Text1:

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