EO16_certification.pdf
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- Solicitation number
- 2137510
- Issued by
- Albany County, Albany City, New York
About this file
This is an Executive Order No. 16 Certification form required by the New York State Department of Transportation (NYSDOT) for the solicitation of genuine OEM parts for Mack Truck, John Deere Equipment, and hydraulic supplies. The certification requires vendors to disclose whether they conduct business operations in Russia as defined by the Executive Order. Vendors must select from four response options: confirming they do not conduct business operations in Russia; confirming they do but are winding down operations with a detailed schedule; confirming they conduct only vital health and safety services or operations required by federal law with supporting documentation; or confirming they conduct business operations in Russia without mitigation. The certification must be signed under penalties of perjury by a representative knowledgeable about the vendor's business operations.
The certification remains in effect while federal sanctions on Russia are active, though vendors conducting business in Russia are still encouraged to respond to preserve contracting opportunities in the event sanctions are lifted. The form requires vendors to provide their legal entity name, authorized signature, signatory name and title, and date of certification. This certification is a prerequisite compliance document for bid eligibility on the NYSDOT's IFB for OEM parts and hydraulic supplies, with interested vendors directed to contact the Purchasing Office at Purch-Assist@dot.ny.gov or (518) 457-4401 to obtain bid solicitation materials and be placed on the bidder's list.
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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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