70RFP222REC000004 - SF1449 - Attachments embedded.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OPO/FPS/EACCG/R11/B

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 11/Group B

CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70RFP2

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/29/2022 1400 ET

06/08/2022

215-521-2249Jessica Nelson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP222REC000004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 5 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Jessica Nelson

TELEPHONE NO.

17a. CONTRACTOR/

Various Locations

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$25.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

X

FPS EAST CCG DIV 2 ACQ DIV(70RFP2)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Service (FPS) is issuing this request for proposals (RFP) to solicit offers for the purpose of awarding a contract to provide Protective Security Officer services at nine (9) locations throughout Northern Virginia.

The requirement is being solicited in accordance with FAR Part 12/15 procedures as a competitive HUBZone small business (HUBZone SB) set-aside.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Nicholas Milillo

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

It is anticipated that a single award, fixed price, indefinite delivery/indefinite quantity

(ID/IQ) type contract will be established as a result of the solicitation.

Attached Wage Determinations:

CBA-2022-256 between Golden Svcs LLC, and Federal

Contract Guards of America covers: 10800

Parkridge Boulevard, Reston, VA (VA3039).

CBA-2022-241 between KR Contracting Inc., and

Union Rights for Security Officers (URSO) covers:

CBP, 22330 Glenn Dr., Sterling, VA (VA0082).

CBA-2022-243 between KR Contracting Inc., and

National League of Justice and Security

Professionals covers: 381 Elden Street, Herndon, VA (VA0282); 45600 Woodland Road, Sterling, VA

(VA1438); and 13461 Sunrise Valley Road, Reston, VA (VA0906).

CBA-2022-244 between Golden SVCS., LLC and

Security, Police and Fire Professionals of

American (SPFPA), Local 299, covers: 2675

Prosperity Avenue, Fairfax, VA (VA0888).

CBA-2022-245 between KR Contracting Inc., and

National Union Special Police Officers (NUSPO)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

5 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70RFP222REC000004

affiliated with the Law Enforcement Officers

Security and Police Benevolent Association

(LEOS-BPA) covers: 2070 Chain Bridge Road, Vienna, VA (VA0382).

CBA-2022-246 between First Coast Security

Solutions, and National Union Special Police

Officers (NUSPO) affiliated with the Law

Enforcement Officers Security and Police

Benevolent Association (LEOS-BPA), covers: 7980

Quantum Drive, Vienna VA (VA0008).

CBA-2022-247 between First Coast Security

Solutions, and National Union Special Police

Officers (NUSPO) affiliated with the Law

Enforcement Officers Security and Police

Benevolent Association (LEOS-BPA), covers: 1953

Gallows Rd., Vienna VA (VA0316).

The ordering periods are as follows:

Ordering Period I: 10/01/2022 – 9/30/2023

Ordering Period II: 10/01/2023 – 9/30/2024

Ordering Period III: 10/01/2024 – 9/30/2025

Ordering Period IV: 10/01/2025 – 9/30/2026

Ordering Period V: 10/01/2026 – 9/30/2027

Those HUBZone small businesses wishing to receive the current post exhibit must submit a completed

Non-Disclosure Agreement to

Jessica.Nelson@fps.dhs.gov, which is included under this RFP as Exhibit 3 in the Statement of

Work (SOW). Upon receipt of a completed DHS Form

11000-06, the post exhibit shall be sent via email.

The resulting contract will be issued with a

$100,000.00 minimum guarantee. This minimum guarantee will be de-obligated from the forthcoming contract once a task order or task orders is/are issued with a value of $100,000.00 or greater through which the minimum guarantee will then be satisfied. The contractor can only invoice for the minimum guarantee as applied at the contract level if task orders are never issued against the contract and only at the end of the contract’s period of performance. If task

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70RFP222REC000004

orders are issued, but do not amount to a value of $100,000.00, the contractor can invoice for the minimum guarantee minus the total value of the task orders issued under this contract at the end of the contractor’s period of performance.

Questions related to this solicitation shall be directed to Jessica.Nelson@fps.dhs.gov and

Nicholas.Milillo@fps.dhs.gov via email as soon as possible but no later than 2:00 PM Eastern Time, June 20, 2022.

Period of Performance: 10/01/2022 to 09/30/2027

Ordering Period 1

0001 PSO Services - VA0282, VA0082, VA1438, VA0906, 150000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2022 to 09/30/2023

0002 Supervisory PSO Services - VA0082, VA1438, 15000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2022 to 09/30/2023

Ordering Period 2

1001 PSO Services - VA0282, VA0082, VA1438, VA0906, 150000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2023 to 09/30/2024

1002 Supervisory PSO Services - VA0082, VA1438, 15000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2023 to 09/30/2024

Continued ...

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

5 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70RFP222REC000004

Ordering Period 3

2001 PSO Services - VA0282, VA0082, VA1438, VA0906, 150000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2024 to 09/30/2025

2002 Supervisory PSO Services - VA0082, VA1438, 15000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2024 to 09/30/2025

Ordering Period 4

3001 PSO Services - VA0282, VA0082, VA1438, VA0906, 150000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2025 to 09/30/2026

3002 Supervisory PSO Services - VA0082, VA1438, 15000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2025 to 09/30/2026

Ordering Period 5

4001 PSO Services - VA0282, VA0082, VA1438, VA0906, 150000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2026 to 09/30/2027

4002 Supervisory PSO Services - VA0082, VA1438, 15000 HR

VA0888, VA3039, VA0008, VA0316 & VA0382

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 10/01/2026 to 09/30/2027

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

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-2022-241

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 05/11/2022

State: Virginia

Area: Loudoun

Employed on HOMELAND SECURITY, DEPARTMENT OF contract for Protective Security Officer (PSO) services at CBP, 22330 Glenn Dr., Sterling, VA (VA0082).

Collective Bargaining Agreement between contractor: KR Contracting Inc., and union: Union Rights for Security Officers (URSO) Local , effective 10/01/2021 through 09/30/2024.

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 agreement(s).

Attachment 5 RFP #: 70RFP222REC000004

COLLECTIVE BARGAINING AGREEMENT

Between

KR CONTRACTING, INC.

and

UNION RIGHTS FOR SECURITY OFFICERS

Representing the

PROTECTIVE SECURITY OFFICERS

at

U.S. CUSTOMS AND BORDER PROTECTION

NATIONAL TARGETING CENTER

22330 Glenn Drive Sterling, VA 22134

October 1, 2021 to September 30, 2024

Table of Contents

PREAMBLE

ARTICLE I - SCOPE OF AGREEMENT

ARTICLE II - MEMBERSHIP AND DUES CHECK-OFF

ARTICLE III - NONDISCRIMINATION

ARTICLE IV - MANAGEMENTS RIGHTS

ARTICLE V - EMPLOYEE CLASSIFICATIONS

ARTICLE VI - WORK WEEK AND HOURS OF WORK

ARTICLE VII: DISCHARGE AND DISCIPLINE

ARTICLE VIII - GRIEVANCE PROCEDURE

ARTICLE IX - ARBITRATION

ARTICLE X - NO STRIKE & NO LOCKOUT

ARTICLE XI - BULLETIN BOARDS

ARTICLE XII - STEWARDS AND UNION ACCESS

ARTICLE XIII - JURY DUTY

ARTICLE XIV - LEAVES OF ABSENCE

ARTICLE XV - HOLIDAYS

ARTICLE XVI - VACATION

ARTICLE XVII - SENIORITY

ARTICLE XVIII - TRAINING AND QUALIFICATION

ARTICLE XIX - UNIFORMS

ARTICLE XX - HEALTH AND WELFARE

ARTICLE XXI - WAGES

ARTICLE XXII - GOVERNMENT REGULATIONS

ARTICLE XXIII - INTEGRATION

ARTICLE XXIV - SEPARABILITY AND SAVINGS CLAUSE

ARTICLE XXV - DURATION OF AGREEMENT

APPENDIX

PREAMBLE

This Agreement is entered into as of October 1, 2021 by and between KR Contracting, Inc., hereinafter referred to as the "Company", and the Union Rights for Security Officers (URSO), hereinafter referred to as the "Union". Unless otherwise noted herein, this agreement shall be in force until the last day of September 30, 2024.

ARTICLE I - SCOPE OF AGREEMENT

Section 1:

The Company recognizes and acknowledges that the Union is the bargaining agent for all full-time and regular part-time armed Protection Security Officers (PSOs) employed by the Company at its location at U.S. CUSTOMS AND BORDER PROTECTION NATIONAL TARGETING CENTER 22330 Glenn Drive Sterling, VA 22134 excluding office clerical employees, professional employees, managerial employees and supervisors as defined in the Act.

Section 2: 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 date of hire. During their probationary period, employees may be subject to discipline or discharge at the discretion of the Company, without regard to the provisions of Articles VII, VIII, and IX of this Agreement. All other provisions of this Agreement are applicable to probationary employees.

There shall be no gained seniority during the probationary period, but upon successful completion of that period, the Employee shall be credited with seniority from the date of hire or rehire.

The purpose of the probationary period is to provide for the evaluation of an Employee over a period of ninety (90) calendar days of work. Should that period be interrupted for more than thirty (30) consecutive working days, the probationary period shall be extended to compensate for that absence. The Employee will be notified of this extension and the reasons for it.

Section 3: Accrual of Benefits During Probationary Period Only upon completion of his/her probationary period shall the Employee begin to accrue benefits.

ARTICLE II - MEMBERSHIP AND DUES CHECK-OFF

Section 1: Definition

a. All full time and part time employees who are members of the Union on the effective date of this Agreement, or who join hereafter, shall maintain their membership or satisfy the financial obligations set by the Union during the term of this Agreement as a condition of continued employment. All full time and part time employees covered by this Agreement must pay union dues in the amount of one (1) hour of their regular hourly wage. All full time and part time employees who are not members of the Union and choose not to become members of the Union shall, as a condition of continued employment, pay to the Union an agency fee as established by the Union.

b. All employees hired after this effective date of this Agreement shall, within ninety (90) calendar days after employment, become members or agency fee payers as a condition of continued employment for the duration of this Agreement.

c. The Company shall be obligated under this Article to terminate the employment of any employee by reason of his failure to comply with Section (a) above upon receipt of a thirty days advance written request from the Union, provided that, upon receipt of such written request by the Company, the employee shall have fourteen (14) days to tender the amounts owed and thereby avoid termination of his employment and provided further that the Union has provided the Company with written proof that it has complied with its legal obligations concerning notification to the employee of the delinquency and notification to the employee of his or her statutory rights relating to union security, inducting subsection (d) below.

d. An employee who elects not to become a member of the Union or maintain membership in the Union during the term of this contract will pay a bi-weekly agency fee to the Union rather than pay the dues amount. Such agency fee shall reflect an amount that is proportionately commensurate with the costs to the Union of collective bargaining and contract administration and Union financial core fees, as defined by the U.S. Supreme Court in NLRB v. General Motors, 373 U.S. 734 and Beck v. Communications Workers of America, 487 U.S. 735.

e. The Union agrees to indemnify and save the Company harmless against any and all Costs (including attorney's fees) and any and all claims, demands, suits or other forms of liability that shall arise out of any action taken by the Company under this Article.

Section 2: Dues Deduction During the term of this Agreement only, the Company shall deduct such union membership dues or agency fees each payday from the pay of all employees covered by this Agreement. The Company shall tender such deductions to the Union with the regular payroll run. The Company shall also provide, on a quarterly basis, the name, the identification number and job classification of each employee and the amount of dues or agency fees deducted to date from April 1st of each year. Following the termination of the Agreement or any agreed upon extension thereof, the Company shall have the right to unilaterally cease the deduction of dues under this Section.

ARTICLE III - NONDISCRIMINATION

The Company shall train, assign, and promote employees without regard to race, color, religion, national origin, ethnic background, gender, age, marital status, sexual orientation disability, status as a veteran, political affiliation or belief, military duty status, or Union activity. The Company and the Union shall each comply with all applicable federal and state laws. Any claim that the Company has violated this Article, or any other federal or Virginia law outlawing discrimination or retaliation shall be resolved pursuant to the grievance and arbitration provisions of this Agreement (Articles VIII and IX). Nothing in this Article shall prevent the filing of an unfair labor practice charge with the National Labor Relations Board.

ARTICLE IV - MANAGEMENTS RIGHTS

Except to the extent expressly abridged or limited by a specific provision of this Agreement, the Company reserves and retains, solely and exclusively, all of its inherent rights to manage and operate its business prominent among which, but by no means wholly inclusive, are the right to unilaterally decide and implement decisions as to: the merger, sale or termination of all or any part of its business; the nature and extent of services provided and performed; the cessation of operations covered by this Agreement or any part thereof; the altering, rearranging, combining, transferring, assigning or ceasing of any job, department operation or service; the work to be contracted out, purchased or assigned to non-bargaining unit personnel, including work performed by bargaining unit employees; the types of equipment utilized; the control and regulation of the use of all equipment and other property, including property of the Federal Government; the schedules of and the number of hours per day or week to be worked by employees; changes in employees' work schedules, assignments and changes in assignments of work to employees; the size, selection, direction, and make-up of the work force; the hiring, testing (including drug and alcohol testing), selection, examination, layoff, promotion, demotion, assignment of work to, or transfer of employees; the discipline, suspension, and discharge of employees pursuant to Article VII; relieving employees from work, duties or assignments because of the lack of work; the establishment and evaluation of jobs including the determination of job requirements and job content;

the establishment of quality and performance standards; the determination of the methods and means of monitoring, evaluating or investigating bargaining unit employee performance or conduct, including the use of video surveillance equipment and electronic monitoring equipment; the content and implementation of rules and regulations for service, inspection, efficiency, discipline, safety, and working conditions; the establishment, modification or discontinuance of policies, practices and procedures for the conduct of the business; the determination and implementation of such measures as the Company may determine to be necessary for the orderly, safe, efficient, and cost effective conduct of the operations covered by terms Agreement.

Section 2:

The right of the Company to make and/or revise such reasonable rules and regulations, as it may deem best for the purposes of maintaining order, safety and/or effective operations of the Company, and after advance notification of the Union, are recognized. The Union reserves the right to question the reasonableness of the Company's implementation or modification of any rule or regulation through the filing of a timely grievance after such notification.

Section 3:

The Union agrees to cooperate with the Company in all matters required by the U.S. Government and the Union recognizes that the terms and conditions of this Agreement are subject to the rights the U.S.

Government may exercise and that any actions taken by the Company pursuant to a requirement of, or request by, the U.S. Government may be taken unilaterally and shall not constitute a breach of this Agreement.

ARTICLE V - EMPLOYEE CLASSIFICATIONS

Employees who are regularly scheduled to work at least thirty-two (32) hours per work week shall be considered as "full-time". Employees who are regularly scheduled to work less than thirty-two (32) hours) per work week shall be considered as "part -time".

ARTICLE VI - WORK WEEK AND HOURS OF WORK

The work week shall be from 0001·hours Sunday until 2400 hours Saturday each week. Wages shall be paid bi-weekly on Friday in the next were following the end of the pay- period.

The hours of work for employees shall be scheduled by the Company at least two (2) weeks in advance except circumstances beyond the employee’s control.

Overtime is to be paid at the rate of one and one-half (1 1/2) times the base hourly straight time rate.

Overtime shall be paid to employees for work performed in excess of forty (40) worked hours in a work week. Premium pay shall not be pyramided, in that any hour of work for, which premium pay is paid under one provision of this Agreement shall not be counted as a worked hour under any other provision of this Agreement. Paid vacation, holiday time or any other time not actually worked (except paid breaks) shall not be counted as hours worked in the calculation of overtime. Opportunity to work overtime shall be provided consistent with the Company's business needs and circumstances and must be authorized in advance by the Company.

Employees are required to work assignments beyond or outside of scheduled hours at the discretion of the Company, consistent with any restriction imposed by the government contract. The Company has the right to hold over employees until relieved and/or to require an available employee to provide coverage consistent with any restrictions imposed by the goven1ment contract. In the event that the Company has advance knowledge of twenty-four (24) hours or more that the overtime will be required, such work will be offered consistent with seniority whenever possible.

Section 4:

An employee called in outside his regular work schedule shall be guaranteed a minimum of four (4) consecutive hours of work or pay in lieu thereof.

Section 5:

Nothing in this Article shall be construed as a guarantee of work, work opportunities, or hours, except as otherwise expressly provided.

Section 6:

All productive security officers shall be provided breaks and un-paid lunch in accordance with the provisions of this government contract. Employees will receive 15-minute breaks every four (4) hours.

Two paid 15-minute breaks and one unpaid 30-minute lunch break. Anyone working 12 hours will receive an additional 15-minute break.

ARTICLE VII: DISCHARGE AND DISCIPLINE

During the term of this Agreement, no non-probationary employee shall be disciplined, suspended or discharged for disciplinary reasons without just cause and discharge matters shall be subject to the grievance and arbitration procedures contained in Articles VIII and IX of this Agreement.

The Company shall have the right to suspend an employee during any investigation or pending discharge.

During suspension the Company, at the Union's request, will meet for the purpose of discussing the conduct being investigated and/or the basis for the suspension or discharge. If, upon conclusion of the investigation, the Company concludes no discipline is warranted, the employee will be made whole.

When the Company deems any matter to warrant action less th.an discharge, it will utilize a system of progressive discipline as follows:

1. Verbal warning, documented

2. Written warning, with a conference

3. Suspension not to exceed three (3) days

4. Suspension not to exceed ten (10) days

5. Suspension not to exceed ten (10) days and a “Final Warning”

6. Discharge or Termination

The above progressive discipline steps are not limited to offenses of the same type but shall apply to offenses of different character. The Company shall, at its discretion, deem th.at a matter, in and of itself, warrants discipline commensurate with the violation and thus may discipline an employee accordingly and not required to start at a Verbal Warning.

The Employer agrees before any discipline of any employee, the Employer shall notify the employee of his Weingarten Rights. Notifying the affected employee "If this discussion could in any way lead to the employee being disciplined or terminated, or affect the employees personal working conditions, the employee may request that his Steward or union officer be present at the meeting.

The affected officer may request the presence of a Shift Steward at any disciplinary meeting. If requested, the Employer will contact the Union representative. If no representative is available within thirty (30) minutes, the officer will be provided a witness of his or her choice. Management shall suspend further discussions with such officer until arrangements can be made for Union Representation.

Section 5: Standards of Conduct It is acknowledged and recognized that the Company is in the business of providing security services to the United States Government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the Company and Union that all employees shall act in a highly professional;

courteous manner and shall be held responsible for their duties, functions and job requirements. It is also recognized that timely and consistent attendance is a fundamental and essential requirement of security positions; that the importance of good attendance is to prevent disruption to fellow employee schedules, disruption to contract operations/overtime/ open posts; and that a minimum of four hours advanced notice is required for any call-off. Deviation from or failure to meet these expectations, or exhibiting repeated offenses of attendance and/or tardiness shall constitute just cause and result in disciplinary action, up to and including termination.

Notwithstanding any article in this Agreement and without otherwise limiting the right of the Company-to determine the disciplinary penalty in any case, the parties agree that any of the following shall constitute just cause for discharge.

These Identify the Major Infractions:

1. Neglect of duties

2. Demonstrated incompetence in the performance of duties

3. Improper use of official authority or credentials

4. Unauthorized use of communications equipment or Government property

5. Falsification or alteration of Company reports, documents or records, including, but not limited to, time records, employment applications, benefit claim forms, requests for leave or other time off, accident or safety reports, or work reports

6. Falsification or concealment, removal or destruction of any official documents

7. Concealment of material facts by willful omissions from official documents or Records

8. Misuse of authorized weapons, or possession of a personal firearm or unauthorized firearm, dangerous weapon, substance or device at the work site including parking areas, on Company property or vehicles or while performing any duties away from the worksite or Company property

9. Reporting to work or performing work while impaired by lawful or unlawful, drugs, alcohol or any intoxicant. Selling, distributing, purchasing possessing or using unauthorized drugs, alcohol, intoxicants or any dangerous substance at the work location, including parking areas, or on Company property, or -in Company vehicles or while at work at any location or being involved in an accident while on duty while impaired

10. Testing positive on any drug or alcohol test or any other violation of company anti-drug or alcohol policy. For the purpose of this rule, a positive drug test is any detectable amount of unlawful drugs and a positive alcohol test is a level of 0.01 or higher

11. A refusal to obey or follow, or the reckless disregard of, Company policies or regulations, a work order, or a management or supervisory directive or instruction

12. Conduct and/or statements directed toward a supervisor or management official which are profane, threatening, verbally abusive or which demeanor exhibit a lack of respect or disregard for supervisory or management authority, except where such statements or conduct by a Shop Steward during an investigatory interview constitute protected activity

13. Any violation of the no strike clause of the collective bargaining agreement

14. Any violation of the Company’s Anti-Harassment Policy

15. Gambling at the work location or on company property

16. Entering time on behalf of another employee or allowing another employee to enter your time

17. Failure to report any workplace accident or injury immediately upon its occurrence or as soon as the employee is capable of doing so

18. Theft or misappropriation of, or the unauthorized possession of, Company funds or property, or the funds or property of any employee or another person

19. Conducting personal affairs during working time without prior supervisory approval. "Personal affairs" do not include the making of telephone or other inquiries concerning the status of children or family members or the provision of their care provided that the employee requested and received supervisory approval prior to engaging in such activity except where an emergency situation prevents obtaining such approval. Long distance telephone calls shall not be made at the governments' expense.

20. Falsification of the reason for any absence, whether in writing or not

21. Engaging in any act of fighting, violence or horseplay at the work location, including parking areas

22. Willful failure or refusal to follow, or reckless disregard of, any safety rule, procedure, instruction, or requirement

23. Any verbal or other act which threatens coerces or intimidates any manager, supervisor, employee, or any person at the facility or which is intended to threaten, coerce or intimidate any such person

24. A refusal to participate in or cooperate in, or knowingly providing false or misleading information during, any Company or federal or local government investigation

25. Sleeping, giving the appearance of sleeping or otherwise avoiding work during anytime that the employee is required to be working

26. Violation of post orders or any Government procedures or regulations relating to the work.

Unauthorized post abandonment

27. Revocation by the Government or other loss of any clearances, authority or credentials required for the position (except as set forth in Article XVIV, Sections 2, 3, and 4

28. Conducting union activity during working time without specific prior supervisory approval

Section 7: Voluntary Quits An employee shall be deemed to have voluntarily quit employment with the Company, and separation of the employee from the Company will not be subject to grievance, mediation and arbitration procedures of this Agreement, if:

a. An employee who takes medical leave fails to notify the Company within two (2) days after he or she can return to work.

b. The employee becomes ineligible to work on the Company’s contract because he or she has failed to successfully complete training, testing and other qualifications mandated by the Government and/or Client in its contract with the Company.

c. The employee fails to report to work within twenty-four (24) hours after the expiration of an approved leave period without contacting the Company and providing verifiable evidence of their inability to return as scheduled.

Section 8:

Records of verbal or written warnings shall be removed from an employee's file and not be relied upon as part of a cumulative basis for discipline in a future matter provided that the employee remains discipline free for a period of one (1) year for major offenses, six (6) months for minor offenses from the date of the verbal or written warning.

It is also recognized that timely and consistent attendance is a fundamental requirement of security positions; that the importance of good attendance is to prevent disruption to fellow employees' schedules, disruption to contract operations, overtime, and open posts. A minimum of four (4) hours advanced notice is required for any call-off; three (3) or more absences unexcused within a three-month period is considered chronic absenteeism; that abuse of the attendance and other conduct rules will be subject to disciplinary action, up to and including termination of employment.

Section 9:

The precise step of the disciplinary procedure shall be stated on each disciplinary form and a copy of the disciplinary form shall be provided to the employee at the time it is issued.

Section 10: Investigatory Interviews Subject to, and in accordance with, the National Labor Relations Act, any investigatory interview between an employee and a Company representative which is anticipated to result in discipline shall, at the request of the employee, be conducted in the presence of an authorized Union officer or shop steward unless such officer or shop steward is not reasonably available and exigent circumstances preclude postponement of the investigation.

Section 11: Government Action If the contracting agency, or other government agency, requests or directs that a specific employee be removed from the contract, any such action directed may be undertaken by the Company shall be considered supported by just cause and shall not constitute a breach of this Agreement and shall not be subject to the grievance or arbitration procedures of Article VIII and IX of this Agreement. The Company agrees to cooperate with the Union by providing it with available information concerning the incident within five (5) calendar days following a request for such. .It is expressly understood that such government action does not create an obligation on the Company to relocate or reassign the employee to any other contract.

ARTICLE VIII - GRIEVANCE PROCEDURE

This procedure is the sole and exclusive procedure available to the employees and the Union for the resolution of disputes. Should any difference arise between the Company and the Union or employees covered by this Agreement as to the meaning, interpretation, or application of the provisions of this Agreement, such difference shall be considered a grievance. Grievances shall be processed as follows:

Step 1 – The grievance will be reduced to writing on a standard grievance form by the Union and given to the Site Supervisor five (5) workdays after the occurrence of the event giving rise to the grievance or five

(5) work days from the date the employee reasonably should have known of the event. In the event a satisfactory settlement is not reached within five (5) work calendar days for the date the grievance is presented, the matter maybe referred by the Union to the second step as set forth in subsection (b) below, Step 2 – The Union may refer the grievance to Step 2 by filing a written copy of the grievance on or before the fifth (5) work day following the expiration of the above five (5) workday period in Step 1 to the Project Manager. The written grievance shall state the nature of the grievance, the name of the grievant, the date on which the grievance arose, the precise Article of this Agreement that has been allegedly violated, and whether the Union desires a meeting. If a meeting is requested, the parties shall schedule a meeting within ten (10) workdays following such referral. In the event a satisfactory adjustment is not reached within ten (10) work days following such meeting or in no meeting is requested, ten (10) work days following the referral to Step 2, the Union may refer the grievance to Step 3 as set forth in subsection (c) below.

Step 3 – The Union may refer the grievance to Step 3 by filing written notice of such referral to the Vice President of Security Operations on or before the fifth work day following the expiration of the ten (10) workday period set forth in Step 2. Within five (5) work days thereafter, the Senior Vice President of Operations or his/her designee and Union shall meet to review the grievance. Within ten (10) workdays of this meeting, the Senior Vice President of Operations shall provide the Union a written response to the grievance. If no satisfactory adjustment is reached, the Union may refer the grievance to Arbitration by filing with the Company President written notification of an intent to arbitrate with the Company President, within five (5) workdays following receipt of the Company's Step 3 answer or the expiration of the ten (10) workday period for such answer, whichever is earlier.

The time limits for filing and referring grievances to the next step or to Arbitration are to be strictly construed. A grievance that is not filed or referred to a higher step or to Arbitration within such prescribed time limits shall be considered settled and resolved on the basis of the Company’s last answer, which shall be final and binding on the Union and the grievant and shall not be further processed or pursued in any manner. The Union and Company may mutually agree, in writing, to extend any of the time limits set forth in this Article.

a. To the extent required by the nature of the grievance, the grievant will, at the Union's request, be allowed to attend meetings held at Step 1 and Step 2. Such time shall not be paid.

b. The settlement of any grievance at any step of the foregoing procedure shall be without precedent.

c. Grievances which involve the discharge or suspension of an employee or which involve a Company policy or decision which affects a class of employees shall be presented at Step 3 within five (5) work days the event giving rise to the· grievance or the date the employees or Union should have known of the event. In addition, the Company and union may agree in writing to bypass any step of the grievance procedure.

d. A grievance or notice required under this Article shall be deemed to be filed or referred when received.

e. For the purposes of this Article, "work day" shall exclude Saturday and Sunday as well as any paid Holiday under this Agreement.

ARTICLE IX - ARBITRATION

Only grievances which involve the meaning interpretation or application of the, provisions of this Agreement shall be subject to mandatory arbitration. Claimed violations of statutes under Article II shall also be subject to mandatory arbitration. Only the Union shall have the right to refer such a claim or a grievance to mandatory arbitration.

For a grievance to be referred to arbitration, the Union must include with its notice of intent to arbitrate a standard Federal Mediation and Conciliation Services from for a list of seven (7) arbitrators who have had training or experience in the subject of the meet at or provide an answer within the applicable time limits in Step 1, Step 2, or Step 3, the union may refer the grievance to the next step or arbitration within the time limits set forth in grievance. The parties shall share the cost of the initial request. Any party may reject a provided list no more than twice by written notification to the other party and by filing with the FMCS a request fora new panel at such party's own cost. Within twenty (20) days calendar days of the receipt of an acceptable list from the FMCS, the parties shall select an arbitrator by alternately striking a name from the list until one remains. The person so selected shall then hear and decide the grievance in the manner described below.

The FMCS shall have no authority to conduct an arbitration hearing on the basis of a unilateral request by the Union. In the event that the Company refuses to execute and return the FMCS arbitration panel request form, such shall be deemed a refusal to arbitrate.

Any grievance referred to an arbitrator shall be considered by him or her within one (1) month from the date it is referred or as soon as practicable thereafter. The arbitrator shall render his or her decision within thirty (30) days following the conclusion of the hearing and filing of any briefs, unless the parties agree otherwise.

The arbitrator shall have no authority to add to, detract from, modify or delete any provision of this Agreement and the Arbitrator shall not impose on the Company a limitation or obligation not explicitly and expressly provided for in this Agreement and intended as such.

The expenses of the arbitrator and the arbitration hearing shall be borne equally by the parties. The costs of transcription shall be borne by the party ordering such unless both parties order transcript copies, in which case, the cost of transcription shall be divided equally.

Section 7:

The burden of proof in any arbitration hearing involving the discipline, suspension or discharge of an.

employee shall not be greater than the preponderance of the evidence. Further, the Arbitrator shall have no authority to substitute his or her sense of justice or fairness for that of the Company or impose upon the Company any obligation of industrial due process or other procedural requirement not expressly imposed by a specific provision of this Agreement. The Arbitrator shall have no authority to reduce any disciplinary action imposed by the Company.

Section 8:

Time spent by employees at arbitration hearings shall not be paid by the Company, except that the Company retains the right to pay such time for employees it calls as witnesses.

ARTICLE X - NO STRIKE & NO LOCKOUT

During the term of this agreement, and in exchange for the Company's commitment set forth in Section 3 below, the Union and the employees agree that, as to any underlying cause or dispute of any nature (including, but not limited to sympathy actions and unfair labor practice protest), there shall be no concerted or self-help action of any kind, including, but not limited to, strikes, picketing, slowdowns, stoppages or curtailment of work of any kind, boycotts, hand billing or any other form of protest or other act which interferes with, or which is intended to interfere with or apply pressure to, the Company or its business activity or operations. This obligation applies regardless of whether or not the dispute is subject to the grievance/arbitration provisions of this Agreement. Neither the Union nor any employee shall participate in, instigate, encourage, authorize or condone any such activity or conduct. Any violation of this obligation by any employee shall be grounds for the discharge and such discharge shall not be held to violate the terms of this Agreement.

The Company agrees that it will not lock out the Union during the term of this Agreement.

ARTICLE XI - BULLETIN BOARDS

The Company will use its reasonable best efforts to obtain permission from the Government for a bulletin board for the exclusive use of the Union. There shall be no posting of literature on these bulletin boards except by the authority of officially designated representatives of the Union and such posting shall be limited to:

a. Notices of Union recreational and social affairs

b. Notices of Union elections

c. Notices of Union appointments and results of Union elections

d. Notices of Union meeting

e. Union updates of negotiations

There shall be no other distribution, by employees or the Union, of notices, pamphlets, advertising or political matters in work areas.

The Union recognizes that the bulletin boards are in government offices and its use and approval is at the sole discretion of the Contracting Officer, COR, or agency’s Designated Official of the contract. The Union shall ensure there is no posting contrary to Rules of the US Government or any other government authority or the Company's policy of equal employment opportunity and harassment.

ARTICLE XII - STEWARDS AND UNION ACCESS

The Union shall designate no more than one shop steward per shift and one chief shop steward. The Union shall notify the Company of the selection of Stewards within thirty (30) days of such selection.

Stewards shall not interfere with the management of the business or work of employees or direct the work of any employee. In the absence or unavailability of the Steward designated as representing employees on a specific shift or in a specific location, any other Union designated Steward may represent unit employees. If needed, Stewards will be limited, in the aggregate, to two (2) hours per pay period at the Union’s expense, to conduct their on-site duties; said time to be coordinated with the Project Manager or his/her designated representative.

Unless specific prior permission is given by site management upon a prior request, Stewards shall not conduct union activities during their working time. Any such activity permitted during a Steward's working time shall not be paid and the Steward may clock in and out.

Super-Seniority for Union Stewards. The three union steward and chief shop steward designated by the Union shall be entitled to super-seniority for purposes of layoff and recall to insure their availability to process grievances and to discharge their representational duties at each work site. Wherever possible, union stewards shall be retained on the same shift to which they are assigned in the event of layoff, but the Company may assign these employees to different posts on the same shift following layoffs and/or recalls that bring this provision into play.

Unless permission has been denied by appropriate DOD official such as the Contracting Officer, Contracting Officer Representative (COR), or the Agency Technical Representative (ATR), Union staff representatives shall be permitted to have access to the Company's premises for the performance of official Union business, provided that there is no disruption of operations or interference with work.

Requests for such access will be made in advance and shall not be unreasonably denied. The Union will provide the Company with a list of staff representatives and their areas of jurisdiction.

ARTICLE XIII - JURY DUTY

An employee summoned to serve on a jury on' a schedule workday shall receive compensation as set forth herein: however, compensation shall not exceed the comparable amount of wages for a schedule day's work to a maximum of forty (40) hours. If an employee is summoned to serve on the jury on his/her regular schedule workday, the employee shall be paid the difference between the amounts received for jury duty and the employee's straight-time rate of pay.

ARTICLE XIV - LEAVES OF ABSENCE

Section 1: FMLA and Personal/Sick Leave

a. All provisions of this Article shall be applied in a manner consistent with the Virginia Family Medical Leave Act and the federal Family and Medical Leave Act of 1993 (FMLA) and KR Contracting existing Family Medical Leave Policy which KR Contracting may amend from time to time in its discretion consistent with the FMLA. Eligible non-probationary employees in Virginia will be granted up to sixteen (16) weeks of unpaid leave for their own serious illness, for the birth or adoption of a child, or the care of a seriously ill child, spouse, or parent.

b. Eligible employees may also be entitled to 12 weeks of unpaid leave in connection with certain exigencies related to the military service obligations of a covered service member or up to 26 weeks of unpaid leave during a 12-month period to care for a covered service member.

c. Whenever an employee cannot perform his/her duty safely or efficiently due to illness or a disabling condition, the employee shall take a leave of absence. An employee who takes such leave may elect to utilize as much paid benefit time as he/ she has accrued. During such leave of absence, the employee shall retain his/her existing seniority and shall continue to accrue seniority.

d. Bargaining unit employee shall earn up to fifty-six (56) hours of personal/sick leave per full government contract year, which hours shall accrue at the rate of up to seven (7) hours per month.

e. New employees may not use personal/sick leave during the probationary period.

f. Personal/sick leave must be approved and shall be used in one (1) hour increments; when cashing out sick less no less than four (4) hours

g. Unused personal/sick leave will be cashed out the next pay after 10/01 date.

h. Any employee who is unable to report to work because of sickness shall notify the Company at least four (4) hours prior to the beginning of the shift. When possible reasonable notice will be given for an emergency and approved on a case-by-case basis.

Section 2: Extended Maternity and Sick Leave If an employee who is ill (or returning from maternity leave) and unable to work and has…