If a union has refused to sign the statement described above, the
developer/contractor will document his/her efforts to obtain such
statement, including a description of the reasons given by the union
for not signing such statement, and will submit such documentation,
together with his/her bid. A bid shall be deemed unresponsive if unaccompanied
either by an acceptable union statement or by documentation as to
why such a statement could not be obtained. In addition, the award
of a contract or a subcontract will not be approved if such contractor
has not submitted an acceptable union statement or an explanation
of the failure to obtain a statement. The failure of the union to
sign the statement described above does not excuse the developer/contractor
from his/her obligation to comply with the conditions and provisions
of this chapter.