Requirements for Government Customers
The terms set forth herein form part of the Project Professional Services Terms (“Project PS Terms”) which supplement the monday.com Channel Partner Program Terms and Conditions (the “Channel Partner Terms”) both entered by and between you, the Partner (as defined in the Channel Partner Terms) and monday.com Ltd. (“monday.com”) to ensure that Partner complies with all applicable requirements of Project Customers who are government customers if Partner provides such Project Customers any Project Professional Services under a Project (as such terms are defined in the Project PS Term) as a subcontractor to monday.com. Capitalized terms not defined herein shall have the meanings assigned to such terms in the Channel Partner Terms or the Project PS Terms, as applicable.
1. Partner represents and warrants that it shall (at its own cost and expense) fully comply with applicable laws, statutes and regulations applicable to providing goods or services to the government customer if Partner performs any Project Professional Services under a Project. This compliance obligation extends to any requirement applicable to subcontractors under an agreement between government customers and monday.com, which shall be deemed to be incorporated herein by reference.
2. Partner represents and warrants that Partner is not debarred, suspended, or proposed for debarment by any agency or department of the U.S. government, and shall notify monday.com immediately if Partner becomes suspended, debarred or proposed for debarment.
3. The following are requirements with which Partner shall comply if Partner is providing Project Professional Services to a government customer in a specific jurisdiction. The below is not an exhaustive list and does not derogate from Partner’s representation above.
3.1. For any goods or services in support of a U.S. federal government contract, the Federal Acquisition Regulations (“FAR”) clauses listed below are incorporated herein by reference, with the same force and effect as if they were given in full text. The full text of these clauses can be found at https://www.acquisition.gov/. The FAR clause in effect on the effective date of the agreement for Project Customers shall apply. To the extent required by any federal government contract, additional clauses may be applicable. Partner agrees to flow down all applicable FAR clauses to lower-tier subcontractors, as required. In all clauses, the terms “Government”, “United States”, and “Contracting Officer” shall mean monday.com, and the term “Contractor” shall mean “Partner,” in order to effect the proper intent of the provision. Clauses that are not applicable by their terms are self-deleting, shall not be removed from this document, and will be considered by all parties to be without force and effect. The applicable FAR clauses shall include but are not limited to 48 C.F.R. Sections 52.203-13 (Contractor Code of Business Ethics and Conduct), 52.203-17 (Contractor Employee Whistleblower Rights), 52.203-19 (Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements), 52.204-21 (Basic Safeguarding of Covered Contractor Information Systems), 52.204-23 (Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment), 52.204-25 (Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities), 52.204-27 Prohibition on a ByteDance Covered Application, 52.204-30 (Federal Acquisition Supply Chain Security Act Orders—Prohibition), 52.219-8 (Utilization of Small Business Concerns), 52.222-35 (Equal Opportunity for Veterans), 52.222-36 (Equal Opportunity for Workers with Disabilities), 52.222-37 (Employment Reports on Veterans), 52.222-40 (Notification of Employee Rights Under the National Labor Relations Act), 52.222-41 (Service Contract Act of 1965), 52.222-50 (Combating Trafficking in Persons), 52.222-51 (Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements), 52.222-53 (Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements), 52.222‑54 (Employment Eligibility Verification), 52.222‑55 (Minimum Wages for Contractor Workers), 52.222‑62 (Paid Sick Leave Under Executive Order 13706); 52.224‑3 (Privacy Training), 52.225‑26 (Contractors Performing Private Security Functions Outside the United States), 52.226‑6 (Promoting Excess Food Donation to Nonprofit Organizations), 52.232-40 (Providing Accelerated Payments to Small Business Subcontractors), 52.240-1 (Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities) and 52.247-64 (Preference for Privately Owned U.S.-Flag Commercial Vessels).
3.2. With respect to a government customer subject to the laws and requirements of the State of Florida, Partner shall comply with Section 448.095 of the Florida Statutes. In furtherance of this statutory requirement, Partner represents that it does not employ, contract with, or subcontract with an unauthorized alien. This representation shall be deemed an affidavit by Partner.
3.3. With respect to any U.S. state or local government customer, any contract terms between monday.com and a U.S. state or local government customer that, by their terms, apply to subcontractors, are incorporated herein by reference, with the same force and effect as if they were given in full text. The full text of any such clause shall be provided to Partner upon request, provided that Partner is actively providing services to a state or local government customer. The terms of such clauses shall be deemed to be modified to reflect the relationship between Partner and monday.com, respectively, in order to effect the proper intent of the provision.
4. If Partner relies on any subcontractors to perform any Project Professional Services in the framework of a Project for a government customer, Partner will ensure that its subcontractors adhere to these Requirements for Government Customers. Partner also agrees that, if Partner becomes aware of any breach of these Requirements for Government Customers, that it shall immediately report such to monday.com and Partner acknowledges and agrees that any breach of these terms shall constitute a material breach of the Project PS Terms.
5. monday.com may modify or add to the terms and requirements at any time and in its sole discretion in accordance with the terms of the Project PS Terms.