CDOTRM_CDOT_FORM_-_0621_-_Construction_Contr.pdf
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- Solicitation number
- 25-054
- Issued by
- Jefferson County, Weston CDP, Colorado
About this file
This is a Colorado Department of Transportation (CDOT) Form 621, Assignment of Antitrust Claims, which serves as a required document for successful bidders and contractors awarded CDOT construction projects. The form mandates that the selected contractor irrevocably assign all antitrust claims arising under federal or state antitrust laws to CDOT in connection with the awarded project. The contractor must immediately notify both relevant third parties and CDOT upon learning of any civil action asserting antitrust claims on the contractor's behalf, refrain from taking actions that diminish the value of assigned claims, and promptly remit CDOT's proper share of any payments received under such claims. Additionally, the contractor must require all subcontractors to execute equivalent antitrust claim assignments to CDOT as third-party beneficiaries and enforce the same notification, non-diminishment, and payment-sharing obligations throughout the subcontracting chain.
The form contains signature declaration blocks for the contractor's authorized agent or officer and includes provisions for joint ventures requiring signatures from multiple entities. No specific project number, pricing information, or contract terms are detailed within this form itself, as it functions as a standard contractual addendum applicable to all CDOT construction awards. The document, dated April 2024, has been verified for accessibility compliance with no identified problems, ensuring it meets digital accessibility standards for all users.
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Colorado Department of Transportation Assignment of Antitrust Claims – Form 621 Instructions: Form to be completed by an authorized agent or Officer of the successful bidder/Contractor selected for award of the Colorado Department of Transportation (CDOT) Project identified below.
Project Number: ______________________________
Contractor and CDOT recognize that in actual economic practice antitrust violations ultimately impact on CDOT.
Contractor hereby agrees to the following assignment of antitrust claim provisions for the executed construction Contract for the project:
1. Contractor hereby irrevocably assigns to CDOT all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the project, goods or services purchased or acquired by CDOT pursuant to the executed construction Contract.
2. Contractor hereby expressly agrees:
A. Upon becoming aware that a third party has commenced a civil action asserting on Contractor’s behalf and antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing:
i. Such third party that the antitrust claim has been assigned to CDOT, and
ii. CDOT that such civil action is pending and of the date on which, in accordance with subparagraph A.(i) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT.
B. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder.
C. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor’s behalf by any third party and which claim has been assigned to CDOT hereunder.
3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the executed construction Contract, Contractor shall require that each subcontractor do the following:
A. Irrevocably assign to CDOT as a third party beneficiary all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal and state antitrust laws in connection with any goods or services provided by the subcontractor in carrying out the subcontractor’s obligations to the Contractor.
B. Upon becoming aware that a third party has commenced a civil action asserting on subcontractor’s behalf and antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing:
i. Such third party that the antitrust claim has been assigned to CDOT, and
ii. Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph B(i) above, subcontractor notified such third party that the antitrust claim had been assigned to
CDOT.
C. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder.
D. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on subcontractor’s behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto.
Signature Declaration: Acting in my capacity as an authorized agent or Officer for the Contractor do hereby agree to the above assignment of antitrust claim provisions.
Contractor Company Name Second Company Name if Joint Venture
By By
Title Title
Date Date Form Number 621 – April 2024
| Form 621 |
| Colorado Department of TransportationAssignment of Antitrust Claims – Form 621 |
| Form Fields |
| Project Number |
| Contractor Company Name |
| Signature of Contractor Company |
| Title |
| Date 1 |
| Second Company Name if Joint Venture |
| Signature of Second Company |
| Title 2 |
| Date 2 |
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CDOTRM CDOT FORM - 0621 - Construction Contracting - Assignment of Antitrust Claims.pdf
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| Project Number: |
| Contractor Company Name: |
| Second Company Name if Joint Venture: |
| Title: |
| Date: |
| Title 2 - If a Joint Venture: |
| Date 2 - If a Joint Venture: |
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