4-Appendix C.pdf

This is an Appendix C document from the State of New Mexico establishing antitrust claims assignment requirements for general contractors and suppliers on state contracts. The document outlines the procedural framework for assigning overcharge claims resulting from antitrust violations related to goods, services, and materials purchased for the Carlsbad State Veterans Cemetery project. The assignment applies to the State of New Mexico to the extent that any identified overcharges are passed on to the state, requiring contractors to execute the assignment agreement by an individual empowered to obligate the firm. The document specifies that contractors retain rights to antitrust claims for any overcharges not passed on to the State, including entitlement to treble damages attributable to such retained overcharges.

The assignment agreement requires identification of the firm name, project details, address, project number, and phone number as part of the execution process. This provision ensures that the State of New Mexico maintains the ability to recover costs associated with potential antitrust violations in the supply chain, while protecting contractors' rights to pursue claims for any overcharges they independently bear. The requirement applies to general contractors, suppliers, subcontractors, and sub-subcontractors involved in the project, establishing a comprehensive mechanism for identifying and allocating antitrust liability across all procurement tiers for the cemetery construction and site development work.