EO16_certification.pdf

PDF 29 KB Posted

Attached to
4 -Ton Asphalt Hot Box and Recycler
Solicitation number
2135987
Issued by
Herkimer County, New York

About this file

This file contains a certification form required by Executive Order No. 16, issued by the State of New York, in connection with a New York State Department of Transportation procurement for 4-ton asphalt hot box and recycler units (RQ26-001). Vendors responding to this solicitation must complete the certification to confirm their business operations status regarding Russia. The Department intends to advance this purchase under its discretionary purchasing authority under State Finance Law section 163(6), which permits non-competitive procurements from New York State small businesses, businesses certified as minority or women-owned enterprises (MWBE) pursuant to Article 15-A of the New York State Executive Law, service-disabled veteran-owned business enterprises (SDVOB), and businesses selling recycled or remanufactured commodities or technology. Interested vendors must contact the designated contacts, Primary Contact Jennifer Walter at (518) 457-9434 or Jennifer.Walter@dot.ny.gov, or Secondary Contact Relina Sosa at (518) 458-5192 or Relina.Sosa@dot.ny.gov, to discuss quotation particulars.

The certification form requires vendors to declare under penalties of perjury whether they conduct business operations in Russia as defined by Executive Order No. 16. Vendors must select one of three options: confirm they do not conduct business operations in Russia; confirm they do conduct such operations but are winding down with a detailed schedule; or confirm operations limited to vital health and safety services or federal law compliance. Executive Order No. 16 remains in effect while federal sanctions on Russia are active, and vendors may be excluded from award based on current Russian business operations, though they are encouraged to respond to preserve future contracting opportunities should sanctions be lifted during or after the solicitation process.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

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

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

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