Emergency RFQ Notice - 5.24.22 template.dotx
DOTX file 66 KB Posted
- Solicitation number
- 300000151721134
- Issued by
- Michigan
About this file
This is an Emergency Request for Quotes (RFQ) Notice issued by the City of Detroit Office of Contracting and Procurement for emergency demolition and/or alteration of structures determined by the City Building Official to be in imminent danger of collapse or presenting an immediate threat to public health, safety, and welfare. The RFQ solicits quotes from pre-qualified vendors through the City's Non-Proposal Demolition Program. The specific project identified is emergency commercial demolition at 304 E State Fair. All properties associated with this RFQ are identified on the Notice of Emergency Ordered Demolition, Price Sheets, and Maps. Interested vendors must submit completed responses through the City of Detroit Oracle iSupplier Portal, including a completed Price Sheet in .XLSX format and a completed Professional Rate Sheet in .XLSX format, along with any other documentation required by the City. Questions regarding the RFQ must be submitted through the Oracle Supplier Portal no later than two hours before the deadline. The successful vendor must complete all work, including abatement, demolition, and final grade approval for all properties within the timeframe specified in the Scope of Services. The City reserves the right to award all groups or line items to one or more vendors, or to different vendors in any combination, or to reject all quotes at its discretion.
Award will be made to the lowest responsive and responsible bid price with consideration given to local preferences. Contractors must bid on all properties associated with a group to be considered for award and are not responsible for permit costs. The successful vendor(s) will have five business days from the notice of award to secure and provide performance and payment bonds in the amount of 100 percent of the total contract value, with bond requirements increasing consistent with any contract price increases, and to provide a Certificate of Insurance naming the City of Detroit and Detroit Land Bank Authority as additional insureds. The City reserves the right to issue a Notice to Proceed for all work or any portion thereof and may withhold such notice for any duration and for any reason, including performance issues on other City or Detroit Land Bank Authority demolition contracts. All quotes remain binding on the respondent for 120 calendar days after the quote deadline, and respondents may not withdraw quotes during this period. Respondents may submit only one quote and failure to respond to the RFQ requires submission of a written explanation detailing specific reasons for non-response through the Oracle Supplier Portal prior to the deadline.
Text of this file
Notice of Request for Quotes Emergency Demolition of Structures
CITY OF DETROIT
OFFICE OF CONTRACTING AND PROCUREMENT
NOTICE OF REQUEST FOR QUOTES
EMERGENCY DEMOLITION AND/OR ALTERATION OF STRUCTURES
Due date and time is listed in the City of Detroit Oracle System
NOTICE OF NO CONTACT
Unless authorized by the listed Office of Contracting & Procurement’s Buyer for this negotiation, no other City official, employee or contractor may speak for the City of Detroit regarding this negotiation until award is complete. Any vendor contacting other City officials, employees or contractors does so at vendor’s own risk and vendor may be subject to disqualification or other disciplinary actions. The City of Detroit is not bound by such information provided to a vendor by an unauthorized City official, employee or contractor.
| 1. | INTRODUCTION | 3 |
| 2. | ELIGIBILITY FOR AWARD | 3 |
| 3. | ADHERENCE TO TERMS OF QUOTES/TERMS OF PERFORMANCE | 3 |
| 4. | QUESTIONS REGARDING THIS REQUEST FOR QUOTE | 4 |
| 5. | EXPLANATION FOR NO RESPONSE | 4 |
| 6. | SUPPLIER RESOURCE FOLDER | 4 |
| 7. | DISCREPANCIES, ERRORS, AND OMISSIONS | 4 |
| 8. | CONDITIONS ON QUOTES | 4 |
| 9. | REJECTION OF QUOTES | 5 |
| 10. | COMPLIANCE WITH THE SCOPE OF SERVICES | 5 |
| 11. | PROPERTY GROUPS & SITE DOCUMENTATION | 5 |
| 12. | CLARIFICATIONS, MODIFICATIONS, OR AMENDMENTS TO THIS RFQ | 5 |
| 13. | SUBMITTAL INSTRUCTIONS/QUOTE DEADLINE | 5 |
| 14. | REQUIRED CONTENT/QUOTE CONTENT AND FORM | 6 |
| 15. | INSTRUCTIONS ON COMPLETING THE PRICE SHEET FOR THIS RFQ | 6 |
| 16. | AWARD, PERFORMANCE BOND, CERTIFICATE(S) OF INSURANCE AND NOTICE(S) TO PROCEED | 7 |
| 17. | CONDITIONS ON QUOTES | 7 |
| 18. | REQUEST FOR EXPLANATION IF NOT RESPONDING TO THIS RFQ | 8 |
| 19. | ASSIGNMENT | 8 |
| 20. | INVOICE SUBMISSION AND PAYMENT | 9 |
| 21. | SIDEWALKS | 9 |
| 22. | MISCELLANEOUS | 10 |
| 23. | MODIFICATION OF SERVICES AFTER CONTRACT APPROVAL | 10 |
| 24. | CHANGES IN FACTS | 10 |
| 25. | CONFIDENTIALITY OF QUOTES | 10 |
| 26. | NEWS RELEASE | 10 |
| 27. | REJECTIONS, MODIFICATIONS, CANCELLATIONS | 11 |
| 28. | MODIFICATION, CLARIFICATIONS OR AMENDMENTS TO RFQ OF SERVICES AFTER CONTRACT APPROVAL | 11 |
| 29. | OFFICE OF THE INSPECTOR GENERAL | 11 |
| 30. | BOARD OF ETHICS | 13 |
City of Detroit Office of Contracting and Procurement (OCP) Request for Quotes –Emergency Demolition of Structures
City of Detroit Office of Contracting and Procurement (OCP) Request for Quotes – Emergency Demolition of Structures
1. INTRODUCTION
The City of Detroit Office of Contracting and Procurement respectfully request quotes from qualified vendors for the emergency demolition and/or alternation of the structure(s) in identified in the price sheet(s) associated with this RFQ. The City of Detroit Building Official has determined that the structure(s) is/are in imminent danger of collapse and/or present an actual and immediate threat to public health, safety, and welfare.
The City of Detroit reserves the right to award all groups or line items listed under this RFQ in whole or in part to one or more vendors. Furthermore, the City of Detroit reserves the right to award each group or line items to different vendors, all groups or line items to one vendor, or any combination of groups or line items to a particular vendor or not award groups or line items.
The RFQ will be awarded based on the lowest, responsive and responsible bid price with consideration to local preferences.
Contractor must bid on all properties associated with a group to be considered for award.
2. ELIGIBILITY FOR AWARD
Quotes will only be accepted from firms prequalified by the City of Detroit Office of Contracting and Procurement Non-Proposal N Demolition Program. Pre-Qualified Suppliers are strongly encouraged to determine their eligibility in response to this RFP.
Interested vendors may review the Demolition Program discipline policies through the following link:
https://detroitmigov.box.com/s/2ny4bjkd1qgfqshmcjraqpydgn6h25az
The RFQ will be awarded based on the lowest, responsive and responsible bid price with consideration to local preferences.
3. ADHERENCE TO TERMS OF QUOTES/TERMS OF PERFORMANCE
A Quote once accepted by the City of Detroit, may become a binding contractual obligation of the Respondent. The failure of a successful Respondent to accept this obligation and to adhere to the terms of the Respondent’s Quote may result in rejection of the Quote and the cancellation of any provisional award to the Respondent.
The successful vendor must complete all work included under this RFQ within the timeframe specified in the Scope of Services. For the purposes of this stipulation, “complete” shall mean that all properties included in this RFQ have been abated, demolished, and received final grade approval.
4. QUESTIONS REGARDING THIS REQUEST FOR QUOTE
Interested vendors must submit any questions regarding this Request for Quotes through the City of Detroit Oracle Supplier Portal no later than two hours before the deadline. The Office of Contracting and Procurement does not guarantee a response to questions received later than two hours before the solicitation closes.
5. EXPLANATION FOR NO RESPONSE
If any qualified vendor decides not to submit a response to this Request for Quotes, then the City of Detroit respectfully requests a written explanation which identifies the specific reasons for this decision. The City of Detroit requests that this written explanation is provided through the City of Detroit Oracle Supplier Portal system prior to the deadline.
6. SUPPLIER RESOURCE FOLDER
The City of Detroit has prepared a publicly available resource folder for review and download. Suppliers may access the resource folder through the following link:
https://detroitmigov.box.com/s/pa2mzp83vcq1kcs42foy2co23ojjc4em
The folder contains the policies and protocols for the Demolition Program and also includes informational resources for suppliers. Suppliers must review all pertinent documents prior to submitting a response to this RFQ.
7. DISCREPANCIES, ERRORS, AND OMISSIONS
If an interested vendor identifies any discrepancy, error, or omission in any RFQ document, including this Notice, then the interested vendor must immediately notify the City of Detroit through the City of Detroit Oracle Supplier Portal system.
8. CONDITIONS ON QUOTES
Quotes submitted in response to this RFQ are subject to the following conditions:
Quotes are strictly voluntary on the part of the interested vendor. The City of Detroit accepts no responsibility for and shall not reimburse any costs incurred for the preparation and submittal of any Quote.
All quotes received in response to this Request are subject to public disclosure (Freedom of Information Act) in accordance with Federal and State law.
All documentation included in the quotes shall become property of the City of Detroit and may be returned to the Respondent by the City of Detroit at its discretion.
The City of Detroit reserves the right to cancel, withdraw, or modify this RFQ at any time and at its discretion. The City of Detroit will notify all qualified vendors who received the Request through the City of Detroit Oracle Supplier Portal system of any cancellation, withdraw, or modification.
The City of Detroit reserves the right to reject a Quote from any vendor if the City of Detroit discovers any of the following at any stage of the RFQ process:
· That the vendor is in arrears or default to the City on any contract, debt, or other obligation
· That the vendor is debarred by the City of Detroit for consideration for a contract award
· That the vendor is unable to provide current licenses, insurance or City of Detroit clearances
· Vendor fails to provide the 100% payment bond and 100% performance bond within seven (7) calendar days after receipt of award notice.
9. REJECTION OF QUOTES
At its sole discretion the City of Detroit expressly reserves the right to reject any and all Quotes, waive any non-conformity, re-advertise for Quotes, withhold the award for any reason, and/or take any other appropriate action that is in the best interest of the City of Detroit.
10. COMPLIANCE WITH THE SCOPE OF SERVICES
The work solicited under this Request for Quote is subject to the Scope of Services. By responding to this RFQ, vendors acknowledge familiarity with and acceptance of the Scope of Services.
Contractors should thoroughly review the Scope of Services prior to submitting a Quote.
11. PROPERTY GROUPS & SITE DOCUMENTATION
All properties associated with this RFQ are identified on the attached Notice of Emergency Ordered Demolition, Price Sheet(s), and Map (s).
12. CLARIFICATIONS, MODIFICATIONS, OR AMENDMENTS TO THIS RFQ
The City of Detroit reserves the right to clarify, modify, or amend this RFQ at any time prior to the award upon review and approval of the Chief Procurement Officer.
The City of Detroit will post any clarifications, modifications, or amendments to this RFQ via Addendum on Oracle.
13. SUBMITTAL INSTRUCTIONS/QUOTE DEADLINE
All responses shall be uploaded prior to the due date and time in the City’s Oracle iSupplier Portal. For more information see: https://detroitmi.gov/departments/office-chief-financial-officer/ocfo-divisions/office-contracting-and-procurement/supplier-portal-information-and-instructions Quotes must be signed by an officer or representative of the company who is authorized to bind the company to an agreement obligation with the City.
At its discretion, the City may change the deadline with prior notification to qualified vendors through the City of Detroit Oracle Supplier Portal system.
Interested vendors must submit quotes through the City of Detroit Oracle Supplier Portal system. Respondents must submit the following documents with their quotes:
· Completed Price Sheet (in .XLSX format)
· Completed Professional Rate sheet (in .XLSX format)
· Any other documentation required by the City of Detroit
Respondents shall submit quotes using only the forms provided with this RFQ. The City of Detroit may consider the use of an alternate form as non-responsive. Respondents shall complete all documentation associated with the quotes. The City of Detroit may consider any incomplete document/form as non-responsive.
Respondents may only submit one quote in response to this request. Submittal of more than one quote may result in a rejection of all quotes.
If you are experiencing technical difficulties in accessing documents or submitting a response, please contact the E-Procurement Team Ms. Iva Patterson at (313) 670-8106 email pattersoni@detroitmi.gov or Mr. Cedric McCree at (313) 670-7878 email: mccreec@detroitmi.gov
14. REQUIRED CONTENT/QUOTE CONTENT AND FORM
Use of RFQ Documents Respondents must submit a Quote using only the documents provided with this RFQ. The City of Detroit may consider the use of an alternate document as an incomplete Quote and non-responsive.
Signatures The signature page must be signed by an authorized agent and uploaded with your response. Quotes without a complete signature page may be considered as non-responsive.
Incomplete Quotes The City of Detroit may consider any Quote with a(n) alternate/incorrect/incomplete/missing document as an incomplete Quote and non-responsive.
Respondents should compile all required documents in the order listed in Quote Content above.
Respondents are advised that no oral interpretation, information or instruction by an officer or employee of the City of Detroit shall be binding upon the City of Detroit.
15. INSTRUCTIONS ON COMPLETING THE PRICE SHEET FOR THIS RFQ
Respondents must complete the business and contact information on the Price Sheet(s) for which they intend to submit a bid.
For every property included in the corresponding group, Respondents must enter a dollar value for each activities on the Price Sheet.
The City of Detroit may consider any price sheet where the summation fields do not correctly sum the required cost centers as non-responsive, and the City of Detroit may consider the Quote as incomplete.
Respondents must NOT allocate any costs for one property to another property or group of properties.
Contractors are not responsible for the cost related to any permits (i.e. wrecking or hydrant) required to perform any aspect of the Scope of Services, and Contractors should not include any costs for permits in their bid prices.
The City of Detroit reserve the right to question or request clarification on any cost for any property identified on the Price Sheet, including an itemized cost of abatement. The Respondent must provide clarification within twenty–four hours of request. If clarification is needed, the Contracting and Procurement Specialist will make a request.
16. AWARD, PERFORMANCE BOND, CERTIFICATE(S) OF INSURANCE AND NOTICE(S) TO PROCEED The City of Detroit will issue a notice of award to the successful vendor(s) via e–mail. The City of Detroit reserves the right to award each group in whole or in part to a different vendor, all groups to one vendor, or any combination of groups to a particular vendor. The successful vendor(s) will have five (5) business days from the date of the notice of award to:
· secure and provide performance and payment bonds to the City of Detroit for one hundred percent (100%) of the total amount of the work included under the Contract
· Bond requirements shall increase consistent with any Contract price increase, and
· provide a copy of the Certificate(s) of Insurance to the City of Detroit
A bona fide company which is authorized to do business in the State of Michigan must provide surety on any performance bond for the contracted work.
All insurance coverage must name the City of Detroit and Detroit Land Bank Authority as an additional insured.
The City of Detroit reserves the right to issue a Notice to Proceed for all work or any portion of work included under the Scope of Services (i.e. abatement only). The City of Detroit reserves the right to withhold the Notice(s) to Proceed from the Awarded Contractor for any duration and for any reason. This includes but is not limited to performance issues related to City of Detroit or Detroit Land Bank Authority demolition contracts.
The City of Detroit reserves the right to rescind an award at any time. The City of Detroit will rescind an award via e–mail to the designated point of contact for the Respondent. The City of Detroit may then, at its discretion, issue a new notice of award to the next qualified, vendor.
17. CONDITIONS ON QUOTES
Quotes submitted in response to this Request are subject to the following conditions:
Quotes are strictly voluntary on the part of the Respondent, and the Respondent assumes all responsibility for the preparation and submittal of the Quote in accordance with the terms and conditions of this RFQ. The City of Detroit accepts no responsibility for and shall not reimburse the Respondent for any costs incurred in the preparation and submittal of any Quote.
All Quotes received in response to this Request are subject to public disclosure in accordance with Federal and State law (Freedom of Information Act).
All documents included in the Quote shall become property of the City of Detroit.
Respondents may only submit one (1) Quote in response to this Request. Submittal of more than one Quote will result in the rejection of all Quotes. This includes any Quote submitted by a subsidiary, affiliated company, or franchise.
Respondents may not withdraw a Quote for a period of 120 calendar days after the Quote deadline for this RFQ.
Quotes shall remain binding on the Respondent for a period of 120 calendar days after the Quote deadline for this RFQ.
The City of Detroit reserves the right to reject a Quote from any vendor if the either the City of Detroit discovers any of the following at any stage of the RFQ process:
| i. | That the vendor is in arrears or default to the City of Detroit on any contract, debt, or other obligation |
| ii. | That the vendor is debarred or suspended by the Federal or State government. |
| iii. | That the vendor is debarred by the City of Detroit for consideration for a contract award |
| iv. | That the vendor is unable to provide current City of Detroit clearances and/or insurance |
18. REQUEST FOR EXPLANATION IF NOT RESPONDING TO THIS RFQ
Vendors that do not respond to this RFQ are required to upload an explanation of their non-response. Failure to respond may result in disqualification from future releases.
19. ASSIGNMENT
The services to be performed by the Respondent shall not be assigned, sublet, or transferred, nor shall the Respondent assign any monies due or to become due to him under any contract entered into with the City of Detroit pursuant to these specifications, without prior written approval of the City of Detroit.
Subcontracting
a. None of the Services covered by this RFQ shall be subcontracted without prior written approval of the City of Detroit and, if required, any grantor agency. The City of Detroit reserves the right to withhold approval of subcontracting such portions of the Services where the City of Detroit determines that such subcontracting is not in the City of Detroit’s best interests.
b. Each subcontract entered into shall provide that the provisions of this Contract shall apply to the Subcontractor and its Associates in all respects. The Contractor agrees to bind each Subcontractor and each Subcontractor shall agree to be bound by the terms of the contract insofar as applicable to the work or services performed by that Subcontractor.
c. The Contractor and the Subcontractor jointly and severally agree that no approval by the City of Detroit of any proposed Subcontractor, nor any subcontract, nor anything in the Contract, shall create or be deemed to create any rights in favor of a Subcontractor and against the City of Detroit, nor shall it be deemed or construed to impose upon the City of Detroit any obligation, liability or duty to a Subcontractor, or to create any contractual relation whatsoever between a Subcontractor and the City of Detroit.
d. The above provisions shall apply to subcontracting by a Subcontractor of any portion of the work or services included an approved subcontract.
e. The Contractor agrees to indemnify, defend, and hold the City of Detroit harmless against any claims initiated against the City of Detroit pursuant to any subcontract the contractor enters into in performance of this contract. The City of Detroit’s approval of any Subcontractor shall not relieve the Contractor of any of its responsibilities, duties, and liabilities under the Contract. The contractor shall be solely responsible to the City of Detroit for the acts or defaults of its Subcontractors and of each Subcontractor’s Associates, each of whom shall for this purpose be deemed to be the agent of employee of the Contractor.
f. Bidder shall provide list of all proposed subcontractors with their bid including name, address, contact information and any equalization certifications from the Department of Civil Rights, Inclusion and Opportunity.
20. INVOICE SUBMISSION AND PAYMENT
All properly executed invoices submitted by the successful respondent will be paid in accordance with the City of Detroit Prompt Payment Ordinance.
All invoices submitted against the Contract must include item descriptions. Items not properly invoiced will not be paid. It is the Contractor’s responsibility to ensure the creation of invoice(s) in the City of Detroit’s Oracle Cloud. Invoices must meet the following conditions for payment:
· Price on invoice must correspond to the pricing listed on the purchase order
· Contractor must submit price lists in accordance with bid requirements
· The City of Detroit payment terms are Net 30
21. SIDEWALKS
At the Contractor’s expense, the Contractor must replace the entirety of any sidewalk flag which was cracked, heaved or otherwise damaged during the course of these Services. The Contractor must replace sidewalks in accordance with the specifications of the jurisdiction with authority (City of Detroit, Wayne County or State of Michigan).
22. MISCELLANEOUS
It shall be the responsibility of the Respondent to thoroughly familiarize themselves with the provisions of these specifications. After executing the contract, no consideration will be given to any claim of misunderstanding.
The Respondent agrees to abide by the rules and regulations as prescribed herein by the City of Detroit as the same now exists or may hereafter from time‑to‑time be changed in writing.
The City strongly encourages the hiring of Detroit residents whenever possible by contacting Detroit at Work for your hiring needs. Visit the Detroit at Work website at www.detroitatwork.com for specific contact information regarding these opportunities.
23. MODIFICATION OF SERVICES AFTER CONTRACT APPROVAL
The City of Detroit reserves the right to modify the services provided by the Respondent awarded a contract. Any modification and resulting changes in pricing shall be made by amendment to the contract by the City of Detroit.
24. CHANGES IN FACTS
Proposers shall advise the City of Detroit during the time the Quote is open for consideration of any changes in the principal officers, organization, address or accounts changes, financial ability of, or any other facts presented in the Quote with respect to the proposer or the Quote immediately upon occurrence.
25. CONFIDENTIALITY OF QUOTES
Quotes shall be opened with reasonable precautions to avoid disclosure of contents to competing offers during the process of evaluation. Once Quotes have been publicly recorded they are subject disclosure as per the requirements of the Michigan Freedom of Information Act.
26. NEWS RELEASE
News releases pertaining to these Quote specifications or the provisions to which they relate shall not be made without prior approval of the City of Detroit and then only in coordination with the City of Detroit.
27. REJECTIONS, MODIFICATIONS, CANCELLATIONS
The City of Detroit expressly reserves the right to: 1) accept or reject, in whole or in part, any and all Quotes received; 2) waive any non-conformity; 3) re-advertise for Quotes; 4) withhold the award for any reason the City of Detroit determines; 5) cancel and/or postpone the request for Quotes, in part or in its entirety, and/or, 6) take any other appropriate action that is in the best interest of the City of Detroit. This RFQ does not commit the City of Detroit to award a contract, to pay any cost incurred in the preparation of a Quote under this request, or to procure or contract for services.
28. MODIFICATION, CLARIFICATIONS OR AMENDMENTS TO RFQ OF SERVICES AFTER CONTRACT APPROVAL The City of Detroit reserves the right to modify the services provided by the Respondent awarded a contract. Any modification and resulting changes in pricing shall be made by amendment to the contract by the Respondent and the City of Detroit.
29. OFFICE OF THE INSPECTOR GENERAL
In accordance with Section 2-106.6 of the City Charter, this Contract shall be voidable or rescindable at the discretion of the Mayor or Inspector General at any time if a Public Servant who is a party to the Contract has an interest in the Contract and fails to disclose such interest.
This Contract shall also be voidable or rescindable if a lobbyist or employee of the contracting party offers a prohibited gift, gratuity, honoraria or payment to a Public Servant in relation to the Contract.
A fine shall be assessed to the Contractor in the event of a violation of Section 2-106.6 of the City Charter. If applicable, the actions of the Contractor, and its representative lobbyist or employee, shall be referred to the appropriate prosecuting authorities.
Pursuant to Section 7.5-306 of the City Charter, the Inspector General shall investigate any Public Servant, City agency, program or official act, contractor and subcontractor providing goods and services to the City, business entity seeking contracts or certification of eligibility for City contracts and person seeking certification of eligibility for participation in any City program, either in response to a complaint or on the Inspector General’s own initiative in order to detect and prevent waste, abuse, fraud and corruption.
In accordance with Section 7.5-310 of the City Charter, it shall be the duty of every Public Servant, contractor, subcontractor, and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the Inspector General in any investigation pursuant to Article 7.5, Chapter 3 of the City Charter.
Any Public Servant who willfully and without justification or excuse obstructs an investigation of the Inspector General by withholding documents or testimony, is subject to forfeiture of office, discipline, debarment or any other applicable penalty.
As set forth in Section 7.5-308 of the City Charter, the Inspector General has a duty to report illegal acts. If the Inspector General has probable cause to believe that any Public Servant or any person doing or seeking to do business with the City has committed or is committing an illegal act, then the Inspector General shall promptly refer the matter to the appropriate prosecuting authorities.
For purposes of this Article[footnoteRef:1] [1:
1“Public Servant” means the Mayor, members of City Council, City Clerk, appointive officers, any member of a board, commission or other voting body established by either branch of City government or the City Charter, and any appointee, employee or individual who provides services to the City within or outside of its offices or facilities pursuant to a personal services contract.]
30. BOARD OF ETHICS
In accordance with Section 2-106.10 of the City Charter, it is the duty of every Public Servant, the Contractor and subcontractors, if any to cooperate with the Board of Ethics in any investigation.
Any Public Servant who willfully and without justification or excuse obstructs an investigation of the Board of Ethics by withholding documents or testimony is subject to forfeiture of office, discipline, debarment or any other applicable penalty.
The Contractor acknowledges that it is subject to debarment or any other applicable penalty, if the Contractor willfully and without justification or excuse obstructs an investigation of the Board of Ethics by withholding documents or testimony.
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