CDOTRM_CDOT_FORM_-_0621_-_Construction_Contr.pdf

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

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