New York State Office of the State Comptroller Vendor Responsibility & the NYS VendRep System Irene Waldorf Kellie Brandoline New York State IT Forum June 9, 2010 Today #2 Learn why Vendor Responsibility is important to NYS How to check your organization How to enroll & use the power of the NYS VendRep System Introduction of new questionnaire Vendor Responsibility #3 A responsible vendor has the capacity to fully perform its contractual obligations, and the integrity to justify the award of public dollars Role of Vendor #4 Maintain your VendRep health Self-disclosure = Vendor Responsibility Questionnaire Be responsive Role of State Agency #5 Confirm information provided by the vendor Review and assess other available information Make a responsibility determination Role of the Comptroller’s Office #6 Approve State contracts >$50,000 (State Finance Law) Review State agency’s processes Independently review of vendor Approve/Non-approve Vendor Responsibility Factors #7 Financial & organizational capacity Legal authority to do business Integrity Past performance How to Check Your Organization Vendor Responsibility Questionnaire Internet resources www.osc.state.ny.us/vendrep #8 Where to Look? Google It… http://www.google.com/advanced_search #9 NY State Tax Warrant http://appsext8.dos.state.ny.us/stwarrants_public/st_search # 10 Better Business Bureau http://www.bbb.org/us/Charity-Reviews/ # 11 Workers’ Compensation Insurance & Disability Benefit Coverage http://www.wcb.state.ny.us/content/ebiz/icempcovsearch/i cempcovsearch_overview.jsp # 12 Federal Debarment Excluded Parties List System http://www.epls.gov/ # 13 Securities Exchange Commission http://www.sec.gov/edgar/searchedgar/companyse arch.html # 14 Dept of Labor & Workers’ Compensation Debarments https://dbr.labor.state.ny.us/EDList/searchPage.do # 15 Vendor Website # 16 Prior Contracting References Open Book New York http://www.openbooknewyork.com/ # 17 New Questionnaire # 18 WHAT’s the biggest change? Vendor will select scope of disclosure # 19 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 # 20 Legal Business Entity (LBE) # 21 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 # 22 An Organizational Unit of the larger LBE Organizational Unit MUST # 23 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” # 24 Legal Business Entity is RE NOKIA SIEMENS NETWORKS SIEMENS CORPORATION SIEMENS MEDICAL SOLUTIONS # 25 SIEMENS BUILDING SOLUTIONS Organizational Unit is RE GENERAL ELECTRIC HOME & BUSINESS SOLUTIONS GE INTELLIGENT PLATFORMS GE APPLIANCE DIVISION HOTPOINT # 26 GE CAPITAL Highlights of Changes Informational cover sheet Revised Definitions Questions removed/added/revised # 27 Contract History Affiliates & Joint Ventures Section IX # 28 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 Impact on VendRep System # 29 New Instructions If starting new questionnaire, responses are not copied for any questions having changes If vendor is editing, continue and certify current version VendRep System - What’s in it for Me? http://www.osc.state.ny.us/vendrep/index.htm File Vendor Responsibility Questionnaire online # 30 See checklist View your contract data & status OSC Help Desk – For Your Use www.osc.state.ny.us 518-408-4672 866-370-4672 helpdesk@osc.state.ny.us # 31 Questions ?? Thank You !! # 32