5-Appendix C Assignment of Antitrust Claims.pdf

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Attached to
Mora County Complex Tenant Improvements (TI)
Solicitation number
60-35000-26-08796
Issued by
Luna County, New Mexico

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Assignment of Antitrust Claims Form for State of New Mexico Contracts

This is an antitrust claims assignment form required for general contractors, subcontractors, suppliers, and sub-subcontractors working on State of New Mexico contracts. The form obligates contractors and their supply chain to assign all claims for overcharges resulting from antitrust violations related to goods, services, and materials purchased for the project to the State of New Mexico. Contractors must complete the document by providing their firm name, project name, address, project number, and phone number, then execute the assignment through an authorized representative's signature and title. The form applies to all procurement activities connected to the referenced project, establishing a clear chain of responsibility across the entire contractor and subcontractor network.

The assignment of antitrust claims is limited to overcharges that are passed on to the State of New Mexico. Contractors and their supply chain retain full rights to any antitrust claims for overcharges they absorb themselves, including entitlement to treble damages for those retained portions. This bifurcated approach ensures the State recovers damages for cost increases it directly bore while preserving contractors' rights to pursue remedies for any absorbed costs. The requirement applies uniformly across all tiers of the contracting structure, from prime contractors through multiple levels of subcontractors and suppliers, creating comprehensive antitrust claim coverage for State of New Mexico construction and procurement projects.

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APPENDIX C

ASSIGNMENT OF ANTITRUST CLAIMS

TO BE EXECUTED BY GENERAL CONTRACTORS, SUBCONTRACTORS, SUPPLIERS,

AND SUBSUBCONTRACTORS OF CONTRACTORS ON STATE CONTRACTS.

FIRM NAME: PROJECT:

ADDRESS:

PROJECT NO:

PHONE NO.:

agrees that any and all claims which it may have or may inure to it for overcharges resulting from antitrust violations as to goods, services, and materials purchased in connection with the above-referenced project are hereby assigned to the State of New Mexico, but only to the extent that such overcharges are passed on to the State. It is agreed that the undersigned retains all rights to any such antitrust claims to the extent of any overcharges not passed on to the State, including the right to any treble damages attributable thereto.

FIRM:

BY:

Signed by Individual empowered to obligate Suppliers, Subcontractors, or Sub-subcontractors

TITLE:

File details come from the government source that posted it. Updated .