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Introducing NEW. NYS For-Profit Vendor Responsibility Questionnaire Irene Waldorf – OSC July 15, 2010. What to expect today:. Hear the why, how & what about the changes Understand new terms Know impact on: VendRep System SPC & OSC websites Understand timeline & Ask Questions.
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Introducing NEW NYS For-Profit Vendor Responsibility Questionnaire Irene Waldorf – OSC July 15, 2010
What to expect today: • Hear the why, how & what about the changes • Understand new terms • Know impact on: • VendRep System • SPC & OSC websites • Understand timeline & Ask Questions
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 • 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 • Legal Business Entity • Reporting Entity • Organizational Unit • Associated 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 ASSOCIATED ENTITY LEGAL BUSINESS ENTITY ASSOCIATED ENTITY ASSOCIATED ENTITY
Organizational Unit is RE LEGAL BUSINESS ENTITY ASSOCIATED ENTITY REPORTING ENTITY ASSOCIATED ENTITY ASSOCIATED ENTITY
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 posted the same day as VendRep System updated • New Definitions • NEWS item on website & VendRep System
State Procurement Council Website • Best Practices Bulletin • Details issues to consider http://www.ogs.state.ny.us/procurecounc/pdfdoc/BestPractice.pdf
OSC Contact • OSC Help Desk 866-370-4672 or 518-408-4672 HelpDesk@osc.state.ny.us • VendRep Website www.osc.state.ny.us/vendrep