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ADDITIONAL TERMS AND CONDITIONS AND FLOW-DOWN CLAUSES

Globus Medical Headquarters

US Government Contract Provisions from the Federal Acquisition Regulations (FAR) / Defense Federal Acquisition Regulations Supplement (DFARS)

If the Purchase Order involves funds from a Federal government contract—or funds from a subcontract at any tier relating to a Federal government contract—the following clauses from the Federal Acquisition Regulation (“FAR”) and the Defense Federal Acquisition Regulation Supplement (“DFARS”) are incorporated into the Purchase Order by reference where applicable and form a part of the terms and conditions of the Purchase Order. The full text of the FAR clauses may be found at acquisition.gov/browse/index/far. The full text of the DFARS clauses may be found at acquisition.gov/dfars. Contractor agrees to flow down all applicable FAR and DFARS clauses to lower-tier subcontractors.

Where necessary to make the language of the FAR and DFARS clauses applicable to the Purchase Order, the term “Contractor” shall mean “Supplier,” the term “contract” shall mean “the Purchase Order,” and the terms “government,” “contracting officer,” and equivalent terms and phrases shall mean “Buyer” or “Globus.” 

If any of the following provisions and clauses do not apply to this Purchase Order, such provisions and clauses are considered to be self-deleting.

  • 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. 
  • 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017), (f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts. 
  • 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018), (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. 
  • 52.204-25 /52.204-26 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020 and OCT 2020), (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. Company represents that it does [ ] it does not [ ] use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Section 889(a)(1)(B) of the National Defense Authorization Act (NDAA) for Fiscal Year 2019 (Pub. L. 115-232). 
  • 52.219-8, Utilization of Small Business Concerns (OCT 2018), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 
  • 52.222-21, Certification of Segregated Facilities (APR 2015), if solicitations and purchase orders exceed $10,000 which are not exempt from the requirements of the Equal Opportunity clause, FAR 52.222-26. Contractor certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit any of its employees to perform their services at any location, under its control, where segregated facilities are maintained. Contractor agrees that a breach of this Certification will be a violation of the Equal Opportunity clause in this Contract. Contractor shall obtain identical certifications from proposed lower tier suppliers before the award of any lower tier order in excess of $10,000 that is not exempt from the provisions of the Equal Opportunity clause. 
  • 52.222-26, Equal Opportunity (SEPT 2016), (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. 
  • 52.222-35, Equal Opportunity for Veterans (JUN 2020), (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. 
  • 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020), (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings 
  • 52.222-37, Employment Reports on Veterans (JUN 2020), (g) The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. 
  • 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010), (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the Unites States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. 
  • 52.222-50, Combating Trafficking in Persons (OCT 2020), (i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that- 
    • (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and
    • Has an estimated value that exceeds $550,000
    • (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause
  • 52.225-5 Trade Agreements (OCT 2019), if the Work contains other than U.S. made or designated country end products as specified in the clause. 
  • 52.225-6 Trade Agreements Certificate (MAY 2014), if the Work contains other than U.S. made or designated country end products as specified in the clause. 
  • DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (APR 2019), (g) the Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts exceeding $500,000.