EO16_certification.pdf
PDF 29 KB Posted
- Attached to
- RQ26-002 AGGREGATES FOR MAINTENANCE USE ON VENDOR PLACED PAVING PROJECTS – CLINTON COUNTY
- Solicitation number
- 2138314
- Issued by
- Chenango County, New York
About this file
This is an Executive Order No. 16 certification document required for vendors responding to a Request for Quotations issued by the New York State Department of Transportation for aggregates for maintenance use on vendor-placed paving projects in Clinton County. Vendors must certify their compliance status regarding business operations in Russia as defined under Executive Order No. 16, which prohibits state entities from contracting with businesses conducting operations in Russia. The certification requires vendors to select one of four options: confirming they do not conduct business in Russia, confirming they are winding down operations in Russia with a detailed schedule, confirming operations are limited to vital health and safety services or federal compliance requirements, or confirming they conduct business in Russia. The certification must be signed under penalties of perjury by an individual knowledgeable about the vendor's business operations.
The RQ26-002 solicitation seeks pricing quotes for aggregates and is being advanced under the New York State Department of Transportation's discretionary purchasing authority under State Finance Law section 163(6), which permits purchases from small businesses, certified minority and women-owned enterprises, service-disabled veteran-owned business enterprises, and businesses offering recycled or remanufactured commodities. All communications and bid submissions must be directed to the designated contact persons: Jessica Owen at (518)457-0775 or Jessica.Owen@dot.ny.gov as the primary contact, or Melanie Martin at (518)457-3508 or Melanie.Martin@dot.ny.gov as the secondary contact. The procurement is subject to Title VI of the Civil Rights Act of 1964 and related nondiscrimination requirements.
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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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