Introducing NEW NYS For-Profit Vendor Responsibility Questionnaire Noreen VanDoren - OGS Irene Waldorf - OSC
What to expect today: Hear the why, how & what about the changes Understand new terms Know impact on: – VendRep System – State Procurement Council & OSC websites Understand the timeline
WHY Change? Experience Difficult for complex vendors Collected unused information Information readily available from other sources
HOW did the changes happen? Joint OGS/OSC workgroup Vendor testing Presentations to New York State Procurement Council (SPC) Invitation to State agency VR Communication Liaisons SPC Vote
WHAT’s the biggest change? Vendor will select scope of disclosure –Legal Business Entity; or –Organizational unit within and operating under the authority of the Legal Business Entity
New Terms Associated Entity Legal Business Entity Organizational Unit & Chart Reporting Entity
Legal Business Entity (LBE) Must have an IRS assigned Federal Tax Identification Number (TIN) Sole Proprietor – may use Social Security Number
Reporting Entity (RE) A Legal Business Entity Or An Organizational Unit of the larger LBE
Organizational Unit MUST Be an established unit within and operating under authority of LBE Have a designated manager or management team Have primary responsibility for fulfilling contract terms Use Legal Business Entity’s TIN
Associated Entity Any entity the Reporting Entity controls or is controlled by Not “sibling organizations” unless direct relationship with or impact on the Reporting Entity Replaces “Affiliates”
Legal Business Entity is RE LEGAL BUSINESS ENTITY ASSOCIATED ENTITY ASSOCIATED ENTITY ASSOCIATED ENTITY
Legal Business Entity is RE SIEMENS CORPORATION SIEMENS BUILDING SOLUTIONS NOKIA SIEMENS NETWORKS SIEMENS MEDICAL SOLUTIONS
Organizational Unit is RE LEGAL BUSINESS ENTITY REPORTING ENTITY ASSOCIATED ENTITY ASSOCIATED ENTITY ASSOCIATED ENTITY
Organizational Unit is RE GENERAL ELECTRIC HOME & BUSINESS SOLUTIONS GE APPLIANCE DIVISION GE INTELLIGENT PLATFORMS HOTPOINT GE CAPITAL
Highlights of Changes Informational cover sheet Revised Definitions Questions removed/added/revised
Section I Information for Legal Business Entity Removed: –Executive Office –Registered to do business in NYS –Registered as Sales Tax Vendor –Joint Venture
Section II Removed entire section – Affiliates & Joint Venture Relationships Added – Reporting Entity Information If Organizational Unit, identifying information required
Section III Removed – Contract History Moved Leadership Integrity Respond only on behalf of Reporting Entity (not Affiliates) Change in scope - “current or former” officials…
Sections IV - VIII Scope is Reporting Entity only, not affiliates Some questions have been streamlined or clarified
Section IX New section for Associated Entities (Replaces Affiliates) If Reporting as LBE, complete only if has Associated Entities If Reporting as Organizational Unit, must complete section for Associated Entities
Section IX Questions are limited Disclose larger issues Most issues are specific to federal or within New York
Sections X & XI FOIL – no change Moved Authorized Contact to the end
Certification Updated 12/31/2008 Revised now to specify Reporting Entity
Impact on VendRep System New Instructions If starting new questionnaire, responses are not copied for any questions having changes If vendor is editing, continue and certify current version
OSC Website New Questionnaire will be posted the same day as VendRep System updated New Definitions
State Procurement Council Website Best Practices Bulletin Details issues to consider ounc/pdfdoc/BestPractice.pdf
Current Timeline May Introduce at OGS Purchasing Forum June Hold State agency meeting(s) June Update website & VendRep System
OSC Contact OSC Help Desk or VendRep Website
Presenters Noreen VanDoren, Esq. Assistant Counsel OGS Legal Services Irene Waldorf CMS II OSC Bureau of Contracts/VendRep