eo-16 certification.pdf
PDF 49 KB Posted
- Solicitation number
- 2136638
- Issued by
- New York
About this file
This is an Executive Order No. 16 Certification document required by the State of New York for vendors seeking to contract with state agencies. The certification addresses compliance with Executive Order No. 16, which prohibits state entities from entering into new contracts or renewing existing contracts with entities conducting business operations in Russia. The directive applies to all Affected State Entities and remains in effect while federal sanctions against Russia are maintained. Vendors are required to certify their Russia business status by selecting one of three options: confirming they do not conduct business operations in Russia; confirming they conduct such operations but are winding down activities or providing only vital health and safety services; or confirming they conduct business operations in Russia without limitations. The certification must be completed with the vendor's legal entity name, authorized signature, and the certifying individual's name, title, and date. The form requires the provider number and initiative name to be documented.
The certification operates as a compliance mechanism rather than a pricing or award document. Vendors who indicate they conduct business operations in Russia may still be excluded from contract award, though they are encouraged to respond to solicitations in case sanctions are lifted during the solicitation period or after award. The document does not establish pricing terms, set-asides, or funding amounts, as it functions solely as a prerequisite certification requirement. For the specific contract opportunity—a Business Development Consultant position for Roswell Park Comprehensive Cancer Center's GEM Cell and Gene Therapy Services—vendors must complete this certification before their proposals will be considered. No minority or women business enterprise contracting goals are detailed in the referenced opportunity, and no prior identical or substantially similar contracts have been awarded 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
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