New York State Office of the State Comptroller PRACTICAL

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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
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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
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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
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Maintain your VendRep health
Self-disclosure =
Vendor Responsibility
Questionnaire
Be responsive
Role of State Agency
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Confirm information provided by the
vendor
Review and assess other available
information
Make a responsibility determination
Role of the Comptroller’s Office
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Approve State contracts >$50,000
(State Finance Law)
Review State agency’s processes
Independently review of vendor
Approve/Non-approve
Vendor Responsibility Factors
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Financial & organizational capacity
Legal authority to do business
Integrity
Past performance
How to Check Your Organization
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Vendor Responsibility Questionnaire
Internet resources
www.osc.state.ny.us/vendrep
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Where to Look? Google It…
http://www.google.com/advanced_search
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NY State Tax Warrant
http://appsext8.dos.state.ny.us/stwarrants_public/st_search
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Better Business Bureau
http://www.bbb.org/us/Charity-Reviews/
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Workers’ Compensation Insurance
& Disability Benefit Coverage
http://www.wcb.state.ny.us/content/ebiz/icempcovsearch/i
cempcovsearch_overview.jsp
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Federal Debarment
Excluded Parties List System
http://www.epls.gov/
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Securities Exchange Commission
http://www.sec.gov/edgar/searchedgar/companyse
arch.html
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Dept of Labor & Workers’
Compensation Debarments
https://dbr.labor.state.ny.us/EDList/searchPage.do
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Vendor Website
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Prior Contracting
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References
Open Book New York
http://www.openbooknewyork.com/
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New Questionnaire
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WHAT’s the biggest change?
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Vendor will select scope of
disclosure
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Legal Business Entity; or
Organizational Unit within and
operating under the authority of the
Legal Business Entity
New Terms
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Legal Business Entity
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Reporting Entity
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Organizational Unit
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Associated Entity
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Legal Business Entity (LBE)
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Must have an IRS assigned Federal
Tax Identification Number (TIN)
Sole Proprietor – may use Social
Security Number
Reporting Entity (RE)
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A Legal Business Entity
Or
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An Organizational Unit of the larger
LBE
Organizational Unit MUST
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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
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Any entity the Reporting Entity
controls or is controlled by
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Not “sibling organizations” unless
direct relationship with or impact on
the Reporting Entity
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Replaces “Affiliates”
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Legal Business Entity is RE
NOKIA SIEMENS
NETWORKS
SIEMENS CORPORATION
SIEMENS
MEDICAL
SOLUTIONS
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SIEMENS
BUILDING
SOLUTIONS
Organizational Unit is RE
GENERAL ELECTRIC
HOME & BUSINESS SOLUTIONS
GE INTELLIGENT
PLATFORMS
GE APPLIANCE DIVISION
HOTPOINT
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GE
CAPITAL
Highlights of Changes
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Informational cover sheet
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Revised Definitions
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Questions removed/added/revised
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Contract History
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Affiliates & Joint Ventures
Section IX
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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
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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
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File Vendor Responsibility
Questionnaire online
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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
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Questions ??
Thank You !!
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