8-Appendix C.pdf

This is an Appendix C assignment of antitrust claims form required for the Department of Health Roswell Office Building project in New Mexico. The form applies to general contractors, subcontractors, suppliers, and sub-subcontractors involved in the construction of an approximately 9,800 square foot, single-story Type IIB fully sprinkled office building for the Public Health Division in Roswell, New Mexico. The project will be procured through Competitive Sealed Proposals for Construction and Facility Maintenance, Services and Repairs under New Mexico Administrative Code 1.4.8, resulting in a single source award. The contractual agreement will be exclusive to the two parties involved, with a potential contract term extending to eight years from the date of the last signature. The construction documents include additive alternates that will only become part of the work if enumerated in the final Agreement, with future funding potentially required to add alternatives.

The antitrust claims assignment form requires contractors and all subcontractors to assign any claims for overcharges resulting from antitrust violations related to goods, services, and materials purchased for the project to the State of New Mexico, but only to the extent that such overcharges are passed on to the State. Contractors retain all rights to antitrust claims for any overcharges not passed on to the State, including the right to treble damages. The form must be signed by an individual authorized to obligate the firm, and must include the firm name, project name, address, project number, and phone number.