70RFP122RE4000004 A0003.pdf

(x)

70RFP122RE4000004

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Philadelphia PA 19106 Attn: Joyce Lane

OPO/FPS/EAST CCG/R4

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 4

Philadelphia PA 19106 701 Market Street, Suite 3200

70RFP1

Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

FPS EAST CCG DIV 1 ACQ DIV(70RFP1)

03/07/20230003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/10/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Protective Security Officer (PSO) services throughout the state of North Carolina.

Amendment 0003 issued for the following purpose:

1. The due date for proposals is extended to March 24, 2023 at 2:00 PM EST.

2. The Post Exhibit has been updated to correct various elements including day calculations, relief requirements, addresses, and post types. A replacement Post Exhibit will be provided to those vendors who previously provided a signed Non-Disclosure Agreement or in response to an email request containing a signed Non-Disclosure Agreement to

Joyce.Lane@fps.dhs.gov and fpsacqdiv1@fps.dhs.gov.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Todd M. Wanner

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 215-521-2185 Todd.M.Wanner@fps.dhs.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 140

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP122RE4000004/0003

3. This Amendment provides revised pricing schedule to reflect Period of Performance adjustment in Amendment 0001, from 04/01/2023 through 03/31/2028 to 06/01/2023 through

05/31/2028.

4. Page 17 of 399 of the RFP, paragraph D. 1.

Post Tracking System (PTS), sentence added to the end of the paragraph that reads, “It is expected the awardee will begin implementing PTS immediately after contract award.” See replacement page 17.

5. RFP page 358 of 399, is revised as follows:

a. FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021) (Tailored), the second paragraph is revised to read, “Proposals are due no later than 2:00 PM, Eastern

Time, March 24, 2023.

b. FAR 52.212-2, EVALUATION – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(Tailored) is revised to remover Paragraph (b) and delete the technical evaluation factors Prior

Experience and Price. See attached replacement

6. RFP pages 361 and 362 of 399, revised as follows:

a. Proposal Submission Requirements, paragraph 1, 2nd sentence revised to indicate estimated date for standing post to 06/01/2023.

b. Paragraph 4, is revised to read, “Page

Limitation for the technical proposal (Management

Questionnaire) is limited to 5-pages, one (1) page per question. This page limitation excludes the cover page (SF1449), table of contents, past performance project forms (attachment 3), past performance questionnaires (attachment 4), field level supervision exhibit (attachment 8), teaming agreement, teaming narrative or narrative demonstrating an affiliate’s meaningful involvement. Type must be in at least 11pt. font and 1” margins. For tables, charts, graphs, figures, illustration or flow charts, 10pt. font or larger is required. Pages in excess of this

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP122RE4000004/0003

limitation will not be evaluated. The pages excluded from evaluation will be at the discretion of the Agency.” See attached replacement pages 361 and 362 of 399.

7. RFP Page 365, the following revisions are made:

a. Paragraph 2, Management Approach, 1st paragraph, second sentence, is revised to read, “In addition to the below, the response to this

Evaluation Factor, offerors shall also address the DHS Mentor Protégé Program.”

b. Management Approach, paragraph B, a, is revised to read, “Any information or response that the vendor provides outside the allotted

5-page limit will not be considered in the

Technical Evaluation Team’s evaluation.

c. See RFP replacement page 365.

8. Collective Bargaining Agreement, CBA-2023-52, Revision 0, effective 12/15/2022 through

01/31/2026, replaces Attachment 5, CBA-2019-13042, Revision 2, dated 08/15/2022, provided with the solicitation.

9. Provide complete SOW Exhibits to now include all Exhibit headers and completed Exhibit 10, Section 6, Supplementary Equipment. Exhibit 10, Section 6, Supplementary Equipment, has been updated to include the number of PTS Devices. It is noted that Amendment 0001, page 2 incorrectly indicated that the number of PTS devices is 70.

This Amendment 0002 corrects this. The correct number of PTS devices, shown on Exhibit 10, Section 6, Supplementary Equipment, is 32 rather than 70. See attached replacement SOW Exhibits.

10. Provide answers to questions received in response to this solicitation. The answers are provided for information purposes and do not amend or change the terms of the solicitation.

If there is a conflict between the solicitation and the information provide in the answers to the questions, the solicitation governs.

11. All other term and conditions remain unchanged.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

4 140

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP122RE4000004/0003

Period of Performance: 06/01/2023 to 05/31/2028

Change Item 0001 to read as follows(amount shown is the obligated amount):

0001 Protective Security Officer (PSO) Services 292500 HR throughout the State of North Carolina

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2023 to 05/31/2024

Change Item 0002 to read as follows(amount shown is the obligated amount):

0002 Emergency Security Services (ESS) throughout the 3500 HR

State of North Carolina

Pursuant to 52.212-4 paragraph 4, Prices

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2023 to 05/31/2024

Change Item 1001 to read as follows(amount shown is the obligated amount):

1001 Protective Security Officer (PSO) Services 292500 HR throughout the State of North Carolina

Optional Ordering Period One

(Option Line Item)

Period of Performance: 06/01/2024 to 05/31/2025

Change Item 1002 to read as follows(amount shown is the obligated amount):

1002 Emergency Security Services (ESS) throughout the 3500 HR

State of North Carolina

Pursuant to 52.212-4 paragraph 4, Prices

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2024 to 05/31/2025

Change Item 2001 to read as follows(amount shown is the obligated amount):

2001 Protective Security Officer (PSO) Services 292500 HR

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 140

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP122RE4000004/0003

throughout the State of North Carolina

Optional Ordering Period Two

(Option Line Item)

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2025 to 05/31/2026

Change Item 2002 to read as follows(amount shown is the obligated amount):

2002 Emergency Security Services (ESS) throughout the 3500 HR

State of North Carolina

Pursuant to 52.212-4 paragraph 4, Prices

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2025 to 05/31/2026

Change Item 3001 to read as follows(amount shown is the obligated amount):

3001 Protective Security Officer (PSO) Services 292500 HR throughout the State of North Carolina

Optional Ordering Period Three

(Option Line Item)

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2026 to 05/31/2027

Change Item 3002 to read as follows(amount shown is the obligated amount):

3002 Emergency Security Services (ESS) throughout the 3500 HR

State of North Carolina

Pursuant to 52.212-4 paragraph 4, Prices

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2026 to 05/31/2027

Change Item 4001 to read as follows(amount shown is the obligated amount):

4001 Protective Security Officer (PSO) Services 292500 HR throughout the State of North Carolina

Optional Ordering Period Four

(Option Line Item)

Product/Service Code: S206

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 140

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP122RE4000004/0003

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2027 to 05/31/2028

Change Item 4002 to read as follows(amount shown is the obligated amount):

4002 Emergency Security Services (ESS) throughout the 3500 HR

State of North Carolina

Pursuant to 52.212-4 paragraph 4, Prices

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2027 to 05/31/2028

Point of contacts:

CO: Todd Wanner at Todd.m.wanner@fps.hs.gov or

215-521-2185

CS: Joyce Lane at joyce.lane@fps.dhs.gov or

215-521-3117

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

RFP 70RFP122RE4000004

3. Offerors will not be compensated for any costs associated with the incorporation of a new wage determination beyond those described in this clause. It is the responsibility of the offeror to assess the risk that a revised wage determination applicable to the base year may be incorporated into the contract after the deadline for submitting offers. Because offerors will not receive an adjustment for costs beyond those identified in this clause, offerors may include in their proposals any escalation deemed appropriate for costs not subject to adjustment under this clause they believe they may incur if such a contingency were to occur.

D. Post Tracking System (PTS)

1. The PTS equipment quantities set forth in Exhibit 10 (Contractor Provided Equipment) is based upon the current, known service requirements. The current, known service requirements are provided for informational purposes only. The Government reserves the right to order up to the maximum quantities (hours) set forth in the SF1449 Schedule, to include, if the need arises, the addition of new posts/ buildings/locations and/or expansion of duty hours at existing posts which may require additional PTS devices. Contractor’s price shall be inclusive of all the costs associated with providing the devices and services necessary to support the additional posts up to the maximum quantity set forth in the SF1449 Schedule. It is expected the awardee will begin implementing PTS immediately after contract award.

E. Definitions

1. PSO Services – PSO services required under the solicitation/contract can be defined into two categories as detailed below. A single hourly unit price shall be included for PSO Services in accordance with the SF1449 CLIN schedule identified in the solicitation/contract.

a. Basic Services – Basic services are the permanent ongoing services specifically included in the task order(s) at time of award, services that are pre-scheduled at the direction of the CO/Contracting Officer’s Representative (COR) with monthly fluctuating schedules (ex. Office of Disability Adjudication and Review (ODAR) or any other services added through modification up to any established maximums identified in the contract. The Government shall order these services using the Basic Services Rates specified in the Schedule of Supplies/Services and Prices. The Government anticipates that approximately 80% of the maximum hours solicited under this requirement will be for basic services.

b. Temporary Additional Services - During the term of the contract, the Government may have requirements for temporary additional services (TAS) beyond the basic services requirements. TAS are the short term, non-recurring needs for service such as an increase in hours to an existing or subsequently added post to include the weekend where a public demonstration is taking place over the weekend, addition of posts to provide for increased security for special events or high profile visitors to the building, extension of existing post hours in a building to cover seasonal fluctuations (such as at an IRS building during tax season), etc. Should a

Amendment 0003 RFP Replacement Page 17

Amendment 0003

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In addition to price, the following technical evaluation factors shall be used to evaluate offers and are listed in descending order of importance.

Relevant Past Performance (Written)

Management Approach

The technical evaluation factors, when combined, are more important than price.

In considering the relevance of an offeror’s past performance, the Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. If subcontractor past performance is provided, the subcontractor past performance will be given weight proportional to the scope, magnitude, and complexity of the aspects of the work under the solicitation for which the subcontractor is proposed. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Offerors lacking relevant past performance history will not be evaluated favorably

RFP 70RFP122RE4000004

Amendment 0003 Replacement page 358 of 399

SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS -

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The US Department of Homeland Security (DHS), Office of Procurement Operations, Federal Protective Service (FPS) is issuing this competitive request for proposals (RFP) to solicit offers for the purpose of awarding a contract to provide the services described herein. DHS/OPO/FPS (the Government) will conduct this acquisition using the procedures of Part 12 of the Federal Acquisition Regulations.

Phase I, Past Performance, is due no later than 2:00 PM, Eastern Time, March 24, 2023. Submissions shall be made via email to: FPSACQDIV1@fps.dhs.gov.

Any proposal received after the exact time for receipt of proposals specified above will be deemed “late” and will be considered only in accordance with the provisions set forth under FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, paragraph (f).

By submitting a proposal, the Contractor agrees to comply with all terms and conditions set forth in this RFP, including the Statement of Work (SOW).

FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (Tailored)

Phase II Price See section “Price Proposal” RFP pages 366 -368

Due date will be provided with the advisory notification but at a minimum submission will be due 15 business days from the date of the advisory notification.

Non-price factors, when combined, are more important than price.

Proposal Submission Requirements

1. The resulting contract requires access to classified information. Offerors shall possess a Top- Secret facility clearance prior to the date and time established for PSO’s to begin standing post.

PSO’s shall begin standing post on (06/01/23 6am EST). If the Contractor selected for award does not possess a Top-Secret facility security clearance, DHS will sponsor the firm for the facility clearance. If a sponsored Contractor does not receive the required facility clearance prior to the date by which PSOs are to stand post, DHS may employ appropriate contractual remedies, up to and including termination of the contract. Offerors shall document within their proposal whether or not they possess the required facility clearance.

2. Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFP the Contractor must use the Standard Form 1449 as a cover page to the proposal. All pages of the SF1449 must be completed to include the Pricing Schedule, which details all CLINs, quantities, unit prices and extended prices.

3. Proposals shall be comprised of TWO (2) separate electronic files. The first file, Phase I, shall contain one (1) copy of the Past Performance Submission. The second file, Phase II, shall contain one copy of the answers to the Management Approach Questionnaire and one copy of the pricing submission and all other documents required by the solicitation (e.g. the SF 1449 to include the Pricing Schedule, Price Element Breakdown, Disclosures, Representation & Certifications, Subcontracting Plan (if applicable), etc.). Both of these files should clearly identify the RFP for which it is being submitted. The Price Element Breakdown shall be submitted in Excel Format. Vendors are reminded to submit files one and two via email to Joyce.lane@fps.dhs.gov; Todd.m.Wanner@fps.dhs.gov; and FPSACQDIV1@fps.dhs.gov.

Proposal submissions containing links to SharePoint or similar sites will not be accepted.

4. Page Limitation for the technical proposal (Management Questionnaire) is limited to 5-pages, one (1) page per question. This page limitation excludes the cover page (SF1449), table of contents, past performance project forms (attachment 3), past performance questionnaires (attachment 4), field level supervision exhibit (attachment 8), teaming agreement, teaming narrative or narrative

Amendment 0003

Amendment 0003 Replacement page 359 of 399 kmmintur Cross-Out

5. Contractors are informed that it is the Government’s desire to make award on initial proposals when deemed possible by the Contracting Officer, however the Government reserves the right to communicate and/or negotiate with offerors if later determined necessary.

6. Proposals shall specify the offer expiration date. Offerors shall hold their offers valid for 120 days after the solicitation closing date, unless requested to further extend it by the Contracting Officer.

7. Offerors, other than small businesses, shall prepare and submit with their proposal an Individual Small Business Subcontracting Plan.

a. Offerors should thoroughly review the requirements set forth in FAR 19.704, Subcontracting plan requirements, and FAR Clause 52.219-9, Small Business Subcontracting Plan, before submitting their Plans.

b. Subcontracting plans must be consistent with the provisions of the above Clause and are subject to negotiations along with the terms and conditions of any contract resulting from this solicitation. The successful offeror’s subcontracting plan must be approved by the Contracting Officer prior to award and shall be incorporated into the resultant contract. The Contracting Officer will monitor, evaluate, and document contractor performance in adhering to 52.219-9 and meeting its subcontracting goals as set forth in its approved plan.

c. The current DHS subcontracting goals are listed below and shall be utilized for developing a subcontracting plan in response to this solicitation.

Percentage of Total Subcontracting Dollars SB Subcontracts 43% SDB Subcontracts 5.0%

WOSB

Subcontracts 5.0% HUBZone Subcontracts 3.0%

SDVOSB

Subcontracts 3.0%

(End)

Technical Proposal (Non-price factors) – The Government shall incorporate all elements of the successful Contractor’s technical proposal (in full or by reference), except for Relevant Past Performance information, into any contract resulting from this RFP. The Contractor is required to submit the following technical (non-price) information:

RFP 70RFP122RE4000004

Amendment 0003 Replacement page 362 demonstrating an affiliate’s meaningful involvement. Type must be in at least 11pt. font and 1” margins. For tables, charts, graphs, figures, illustration or flow charts, 10pt. font or larger is required. Pages in excess of this limitation will not be evaluated. The pages excluded from evaluation will be at the discretion of the Agency.

going concern. If the offeror purchased or merged with the affiliate, state the date of purchase/ merger and the affiliate’s personnel and resources that were retained by the offeror after the purchase/merger. The Agency will assess the narrative to determine whether, and to what degree, to attribute the affiliate’s past performance to the offeror. This narrative will not count against the stated page size limitation. If the contractor fails to submit a narrative or if the narrative lacks sufficient detail to establish meaningful involvement by the affiliate, the Agency, at its discretion, may decline to consider the past performance of the affiliate in the evaluation.

Notwithstanding, because the meaningful involvement of an affiliate goes to the relevance of the affiliate’s past performance projects to the evaluation, the Agency reserves the right, at its sole discretion, to conduct exchanges with an offeror or offerors, as necessary and appropriate, pursuant to FAR 15.306, concerning its relationship with the affiliate or the affiliates proposed involvement in the solicited requirement.

Note: This section does not apply to any entity identified in the proposal as a teaming partner, subcontractor, joint venture member, etc., in accordance with Past Performance section 1(b).

The roles of such entities must be described in accordance with Note 2 above. Further, Note 1 does not apply to entities described in this section. That is, this section does not increase the number of past performance projects that may be submitted by the offeror. Additionally, where meaningful involvement of the affiliate(s) has not been established, the Agency has no obligation to evaluate the past performance of affiliates, other than the affiliate project(s) submitted as part of the proposal.

2. Management Approach:

FPS desires that offerors provide management strategies and proposed solutions demonstrating how they will result in better value to the government. In addition to the below, the response to this Evaluation Factor, offerors shall also address the DHS Mentor Protégé program.

A. Field Level Supervision. Complete Attachment 8, “Field Level Supervision Exhibit”.

B. Management Questionnaire: Written (this section - Not to exceed 5 pages in total

a. Selected vendors shall be provided with 5 standard questions from the Contracting officer/ Contract Specialist, after the phase 1 down select via e-mail as Attachment 17 to the RFP. Vendors shall address each question. If a vendor fails to answer any question it will be identified as a weakness or possible deficiency. Any information or response that the vendor provides outside of the allotted response time will not be considered in the Technical Evaluation Team’s evaluation. Any information or response that the vendor provides outside the allotted 5-page limit will not be considered in the Technical Evaluation Team’s evaluation.

The Government will not ask any follow-up questions that will invite or allow the vendor the opportunity to change its proposal. The vendor shall not volunteer any information that might be construed as changing its proposal

Amendment 0003 Replacement Page 365

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2023-52

Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision:

State: North Carolina

Area: Statewide

Employed on FPS EAST CCG DIV 1 ACQ DIV contract for Protective Security Officer (PSO) Service throughout the State of North Carolina.

Collective Bargaining Agreement between contractor: Paragon Systems, Inc., and union: International Union, Security, Police and Fire Professionals of America (SPFPA), effective 12/15/2022 through 01/31/2026.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension

Amendment 0003

RFP RFP70RFO122RE4000004

CBA-2023-52

Agreement

Between

PARAGON SYSTEMS, INC

And the

International Union, Security, Police and Fire

Professionals of America (SPFPA)

Representing the

PROTECTIVE SECURITY OFFICERS

Assigned to the

Federal facilities throughout the state of North Carolina

TABLE OF CONTENTS

AGREEMENT

ARTICLE 1 PARTIES AND TERMS

ARTICLE 2 PURPOSE OF AGREEMENT

ARTICLE 3 UNION SECURITY & DUES DEDUCTIONS

ARTICLE 4 UNION RIGHTS

ARTICLE 5 MANAGEMENT RIGHTS

ARTICLE 6 NONDISCRIMINATION

ARTICLE 7 HOURS OF WORK

ARTICLE 8 NO STRIKES / NO LOCKOUT

ARTICLE 9 HOLIDAYS

ARTICLE 10 LEAVES OF ABSENCE

ARTICLE 11 PAID TIME OFF

ARTICLE 12 DISCIPLINE AND DISCHARGE

ARTICLE 13 GRIEVANCE, MEDIATION AND ARBITRATION

ARTICLE 14 WAGES

ARTICLE 15 HEALTH AND WELFARE BENEFITS

ARTICLE 16 GENERAL PROVISIONS

ARTICLE 17 SENIORITY

ARTICLE 18 SCOPE OF AGREEMENT

AGREEMENT

This Agreement is entered into December 15, 2022, by all parties, by and between Paragon Systems, Inc. (“Company” or “Employer”), and the International Union, Security, Police and Fire Professionals of America (SPFPA) (“Union”).

Should there be any conflict between the Paragon Policies and Procedures and the Collective Bargaining Agreement, the Collective Bargaining Agreement will control. Should there be any conflict between the Contract between Paragon and the Government, and the Collective Bargaining Agreement, the Contract between Paragon and the Government will control.

ARTICLE 1

PARTIES AND TERMS

Section 1.1 - This CBA covers only those security officers employed under Employer’s Contract 70RFP118DE4000001 (including any successor contract, regardless of number) with the Department of Homeland Security, Federal Protective Service.

Section 1.2 - The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment, for the employees of the Company as described in Section 1.1 of this Article and in accordance with the National Labor Relations Act, as amended.

Section 1.3 - For the purpose of this Agreement, the term "employees" shall mean all full- time and regular part-time armed security officers performing guard duties as defined by Section 9(b)(3) of the National Labor Relations Act, as amended, employed by the Employer assigned to various U.S. Government facilities throughout the State of North Carolina pursuant to contract listed in Section 1.1, and in accordance with Petition 10-RC- 229737, excluding office clerical employees, professional and confidential employees and supervisors as defined in the Act.

Section 1.4 - Probationary Employees. All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) calendar days from the date of hire or rehire. The date of hire shall be considered the first day standing post. During the probationary period, employees shall be paid at a rate that is fifty cents ($0.50) per hour less than the straight-time rate set forth in Article 14. During their probationary period, the employment relationship between the Company and the probationary employee shall be at will and the probationary employee may be subject to discipline or discharge at the discretion of the Company without regard to the grievance or arbitration provisions of this Agreement.

Probationary employees do not have seniority until completion of the probation period, at which time seniority dates back to the date of hire.

ARTICLE 2

PURPOSE OF THE AGREEMENT

It is the intent and purpose of the Company and the Union that this Agreement shall promote and improve industrial and economic relations between the Company and its employees, and to set

Amendment 0003 forth provisions with respect to rates of pay, wages, hours of work and other conditions of employment covering employees of the Company, and to provide a peaceful method of adjusting grievances that may arise in the course of employment between the Employer and the employees with respect to wages, hours, and other conditions of employment and to provide for an orderly collective bargaining relationship between the Company and the Union.

ARTICLE 3

UNION SECURITY & DUES DEDUCTIONS

Section 3.1 – Union Membership.

A. Membership. All employees covered by this Agreement shall become and remain members of the Union within thirty (30) days after employment or the effective date of this Agreement, whichever is later, and as a condition of continued employment shall maintain their membership In the Union. Membership, for the purposes of this provision, will be deemed satisfied by the employee by (i) becoming a member in good standing by paying the uniform initiation fee and monthly dues and charges pursuant to the Union's Bylaws, or (ii) becoming a financial core member and paying an amount equal to the uniform initiation fees and monthly dues without joining the Union or (iii) paying a service fee which shall be equal to the percentage of the Union initiation fee and monthly dues which reflects the proportion of the amount the Union's collective bargaining expenditures bear to the Union's total expenditures;

provided that employee choosing this option must notify the Union in writing.

B. An employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later. Also as a condition of continued employment, an employee shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership In the Union, for the duration of this Agreement.

C. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

D. An employee shall not be required, as a condition of employment, to pay money to the Union, or to become a member of, or continue membership in, the Union, if he/she is employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

E. Enforcement, In the event the Union requests the discharge of an employee for failure to comply with the provisions of this Article, it shall serve written notice on the Employer

Amendment 0003 requesting that the employee be discharged effective no sooner than two (2) weeks after the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the employee, and the Employer will not be required to discharge that employee.

F. Indemnification. The Union agrees to indemnify and hold harmless the Company for any and all costs, expenses (including but not limited to, reasonable attorney's fees), suits, judgments, liabilities, damages, and penalties, that the Company may sustain, incur or be required to pay as a consequence of any claim arising out of its enforcement of Section 3.1.

Section 3.2 – Dues Check Off.

A. The Employer will deduct initiation fees, union dues and financial core fees from the wages of employees who voluntarily authorize the Employer to do so on a properly executed payroll deduction card in the form attached as Appendix C. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the employee has sufficient net earnings to cover the Union membership dues or payments. Funds deducted with a monthly summary showing name, address, date of hire, hourly rate, dues or service fee paid or not paid, and employees who have been terminated or placed on leave of absence shall be remitted to the Secretary- Treasurer of the International Union, SPFPA within fifteen (15) days after the first regular payday of the month.

B. The Union will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and financial core fees. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month preceding the date that deductions are to be made.

C. Upon timely demand received from the Employer, the Union agrees to represent and indemnify the Employer against any loss or claim, which may arise as a result of the Employer's compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

D. Indemnification. The Union accepts full responsibility for the authenticity of each dues authorization card submitted by it to the Company and any authorization that is incomplete or in error shall be disregarded by the Company and shall be returned to the Union for correction. The Union agrees that, upon receipt of proper proof, it will refund to employees any deduction erroneously or illegally withheld from an employee's earnings by the Company which has been transmitted to the Union by the Company. The Union further agrees to indemnify and hold harmless the Company from any and all costs, suits, expenses (including but not limited to, reasonable attorney's fees), judgments, liabilities, damages, and penalties, that the Company may sustain, incur or be required to pay as a consequence of any claim by an employee for the wrongful withholding of wages under this Article.

ARTICLE 4

UNION RIGHTS

Section 4.1- Stewards.

A. Recognition. The Company recognizes the right of the Union to designate shop stewards.

The Company agrees to recognize the maximum of one Steward and one alternate Steward for each geographical area covered by each Supervisor. Within ten (10) business days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within ten (10) business days of such change becoming effective.

B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (I) representation of employees in investigatory interviews that might lead to discipline for the interviewed employee, consistent with the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company.

Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company’s Project Manager, or his/her designee.

Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline for dereliction of duty under Article 12 of this Agreement; provided that it is expressly agreed and understood between the Parties that the Company may schedule investigatory interviews to take place during working time.

Section 4.2 - Union Activities. Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the Company.

Section 4.3 - Government Cooperation. The Union acknowledges and agrees that the terms and conditions of this Agreement, and employees' employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the United States Government. The Union agrees to cooperate with the Company in all matters required by the Government and to comply with all such Government priorities, rules, procedures and restrictions. The Union further agrees that any actions taken by the Company pursuant to a request from DHS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that DHS or other agency of the United States requests the Company to take may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or

Amendment 0003 condition or employment, the Company agrees to notify and discuss with the Union the effects of that action.

ARTICLE 5

MANAGEMENT RIGHTS

Section 5.1 - The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company unless expressly restricted by other provisions of this Agreement. The Company retains all of its normal, inherent common law and statutory rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this Agreement, except as expressly limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish and implement new operational methods; determine, establish, and implement new terms and conditions of employment during the term of this Agreement in the manner that the Company deems necessary for the efficient operation of its business; determine, establish, or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices, or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment to be used in the Company's operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including equipment for new operations; reassign or relocate employees; to set the levels of satisfactory work performance, including quality and quantity of work; institute security measures, security checks or searches designed to deer or detect theft or misuse of Company or client property, resources or assets; set and alter the frequency of pay periods; determine the number of hours per day or week that operations shall be carried on; establish day and night shifts, set the hours of work and the number of employees for such shifts, and from time to time, to change the shifts and the hours of employees thereof; determine the fact of lack of work; make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline;

and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 5.2 - The Company shall have the right at any time to establish, administrate or alter the practices or customs of break periods, and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary.

Section 5.3 - The Company shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee's physical and mental ability to perform their job assignment efficiently and safely. The Company will bear all costs associated with all company mandated physical examinations. The Employee will bear the cost

Amendment 0003 of follow-up treatment. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. The Company may promote, demote, lay off, transfer, or discharge said employee as a result of such evaluation. This Section shall be interpreted in accordance with applicable federal and state law.

Section 5.4 - The Company shall have the right to evaluate the work performance of the employees by this Agreement, and shall have the right to transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them. The Company shall have the right to transfer and/or reassign employees, regardless of seniority, in lieu of or in addition to disciplinary action for documented performance issues. Any such action shall be provided to the Union.

Section 5.5 - The Company shall have the right to establish, administer, or change a drug and alcohol abuse prevention program in accordance with federal and state regulations. The Company shall have the right to test employees for drugs or alcohol upon reasonable suspicion, and to discipline employees based on the results of such tests.

Section 5.6 - The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 5.7 - The above rights of management are not inclusive of all manners or rights which belong to management. Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those which violate express provisions of this Agreement.

Section 5.8 - The Company agrees to notify the Union in writing prior to any change in policy or work rules affecting the terms and conditions of employment of the Bargaining Unit Employees, in order for the Union to register any suggestions or objections prior to implementation. This applies to permanent or extended policy or rules and not immediate or temporary policy or rules required to handle imminent or emergency situations.

ARTICLE 6

NONDISCRIMINATION

Section 6.1 - The parties hereto agree that there will be no discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, or membership or non-membership in any labor organization, as provided by law. The Company shall give due consideration to qualified Vietnam era veterans and to disabled individuals as provided by law.

The Company agrees that it shall comply with all federal and state (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws.

Amendment 0003

Section 6.2 - It is expressly agreed and understood that the dispute resolution procedures set forth in Article 13 of this agreement shall be the sole and exclusive forum for resolving all claims, demands or actions arising under state or federal law arising from the employment relationship between the Company and each employee to the fullest extent permitted by such laws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.O. §2000e et seq.), the Rehabilitation (29 U.S.C. § 793 et seq.), the Civil Rights Act of 1966 and 1971 (42 U.S.C. § 1981 & 1983), Executive Order 11246 the Americans with Disabilities Act (42 U.S.C §12101 et seq.), .the Civil Rights Act of 1991 (Pub. L 102-66), the Family and Medical Leave Act of 1993 (29 U.S.G. § 2601 et seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C. §4212), applicable state employment and wage and hour laws, the Fair Labor Standards Act, and any other state or federal law relating to employment discrimination or termination, statute or common law.

ARTICLE 7

HOURS OF WORK

Section 7.1 - Purpose of this Article. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this Article or this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours of work per day, per week or per year. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Company, including the scheduling of any pre-shift or post-shift guard mount time or gear- up/gear-down time.

Section 7.2 - A” regular full-time employee” under this Agreement is one who works an average of thirty-six (36) hours per week. All other employees under this Agreement shall be classified as regular part time employees.

Section 7.3 - Workweek. The Company's workweek shall consist of seven (7) days, beginning on Friday at 12:00 a.m. and ending the following Thursday at 11:59 p.m.

Section 7.4 - Workday. A workday shall be defined as from 0000 hours until 2359 hours.

Section 7.5 - Overtime Work. Employees may be required to work reasonable overtime assignments at the discretion of the Company. An employee not excused by the Company from performing assigned overtime, and who refuses to work overtime, will be subject to appropriate discipline. The opportunity to work overtime shall be provided consistent with the Company's needs and circumstances and must be authorized in advance by the Company.

Section 7.6 - Overtime Work. For purposes of this Agreement, full-time employment is defined as thirty-six (36) working hours during a work week.