70RFP223REC000001 with Attachments Embedded.pdf
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- Protective Security Officer (PSO) Services at eleven (11) locations throughout Washington, DC
- Solicitation number
- 70RFP223REC000001
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| File | Type | Posted |
|---|---|---|
| 70RFP223REC000001-0003.pdf | ||
| 70RFP223REC000001-0001 with attachments embedded.pdf | ||
| 70RFP223REC000001-0002.pdf | ||
| 70RFP223REC000001-0001.pdf |
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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
01/23/2023 1200 ET
01/03/2023
215-521-3103Nicholas Milillo (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
70RFP223REC000001
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 6 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Attn: Nicholas Milillo
TELEPHONE NO.
17a. CONTRACTOR/
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)
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 eleven
(11) locations in Southwest Washington, D.C. The incumbent contract for this requirement is HSHQEC-17-D-00005, performed by Universal Protection Service, LP DBA Allied Universal Security Services.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Joshua Clemens
. 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.
The requirement is being solicited in accordance with FAR Part 12/15 procedures on an
Unrestricted, Full & Open basis. 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-2022-545, Collective Bargaining Agreement between Fraternity of American Protective
Officers (Local 103) and Universal Protective
Services LP, DBA Allied Universal Security
Services which covers building DC0010, 400
Maryland Avenue, SW, Washington, D.C.
CBA-2021-488, Revision 1, Collective Bargaining
Agreement between Protective Security Officer
Members Union of America (PSOMUA) and Universal
Protective Services LP, DBA Allied Universal
Security Services which covers building DC0033, 330 C Street, SW, Washington, D.C.
CBA-2022-546, Collective Bargaining Agreement between National Association of Special Police and Security Officers and Universal Protective
Services LP, DBA Allied Universal Security
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
6 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 6
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70RFP223REC000001
Services which covers building DC0034, 330
Independence Avenue, SW, Washington, D.C
CBA-2022-547, Collective Bargaining Agreement between Union of Patriot Plaza (UOPP) and
Universal Protective Services LP, DBA Allied
Universal Security Services which covers building
DC0208, 375 E. Street SW, Washington, DC and
DC0175, 395 E. Street SW, Washington, D.C.
CBA-2021-489, Revision 1, Collective Bargaining
Agreement between Union Rights for Security
Officers (URSO) and Universal Protective Services
LP, DBA Allied Universal Security Services which covers building DC0215, 355 E Street, SW, Washington, D.C.
CBA-2022-548, Collective Bargaining Agreement between Law Enforcement Officers Security &
Police Benevolent Association and Universal
Protective Services LP, DBA Allied Universal
Security Services which covers building DC0290, 500 D Street, SW, Washington, D.C, CBA-2022-549, Collective Bargaining Agreement between Protective Service Officers United (PSOs
United) and Security Officers and Universal
Protective Services LP, DBA Allied Universal
Security Services which covers building DC0292, 500 C Street, SW, Washington, D.C.
CBA-2022-550, Collective Bargaining Agreement between Protective Service Officers United (PSOs
United) and BTI Security which cover building
DC0309, 400 C Street, SW, Washington, D.C.
CBA-2022-551, Collective Bargaining Agreement between Union Rights for Security Officers (URSO) and Universal Protective Services LP, DBA Allied
Universal Security Services which covers building
DC0331, 500 E Street, SW, Washington, DC and building DC4208, 250 E Street, SW, Washington, D.C.
The ordering periods are as follows:
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 6
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70RFP223REC000001
Ordering Period I: 06/01/2023 – 05/31/2024
Ordering Period II: 06/01/2024 – 05/31/2025
Ordering Period III: 06/01/2025 – 05/31/2026
Ordering Period IV: 06/01/2026 – 05/31/2027
Ordering Period V: 06/01/2027 – 05/31/2028
This 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 of the contract’s period of performance. If task 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 contract’s period of performance.
Those businesses wishing to receive the current post exhibit must submit a completed
Non-Disclosure Agreement to
Nicholas.Milillo@fps.dhs.gov, which is included under this RFP as Exhibit 3. Upon receipt of a completed DHS Form 11000-06, the post exhibit shall be sent via email.
Questions related to this solicitation shall be directed to Nicholas Milillo via email at
Nicholas.Milillo@fps.dhs.gov, and Josh Clemens via email at Josh.B.Clemens@fps.dhs.gov, as soon as possible but no later than 12:00 PM EST, 09
January 2023.
Please review the entire RFP thoroughly and completely, including ALL ATTACHMENTS that are attached within the paperclip icon on the left side of this RFP PDF. You must view the file in the Adobe application. The attachments will not show up when viewed in the web browser.
Period of Performance: 06/01/2023 to 05/31/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 6
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70RFP223REC000001
0001 PSO Services 520000 HR
Anticipated Award Type: Firm-fixed-price
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2023 to 05/31/2024
0002 Supervisory PSO Services 75000 HR
Anticipated Award Type: Firm-fixed-price
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2023 to 05/31/2024
1001 PSO Services 520000 HR
Anticipated Award Type: Firm-fixed-price
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2024 to 05/31/2025
1002 Supervisory PSO Services 75000 HR
Anticipated Award Type: Firm-fixed-price
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2024 to 05/31/2025
2001 PSO Services 520000 HR
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2025 to 05/31/2026
2002 Supervisory PSO Services 75000 HR
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2025 to 05/31/2026
3001 PSO Services 520000 HR
Anticipated Award Type: Firm-fixed-price
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2026 to 05/31/2027
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 6
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70RFP223REC000001
3002 Supervisory PSO Services 75000 HR
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2026 to 05/31/2027
4001 PSO Services 520000 HR
Anticipated Award Type: Firm-fixed-price
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2027 to 05/31/2028
4002 Supervisory PSO Services 75000 HR
Anticipated Award Type: Firm-fixed-price
Product/Service Code: S206
Product/Service Description: HOUSEKEEPING- GUARD
Period of Performance: 06/01/2027 to 05/31/2028
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
11/1/22, 3:35 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/71551/document 1/2
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-2022-546
Diane Koplewski Division of | Revision No.: 0
Director Wage Determinations| Date Of Last Revision: 11/01/2022
State: District of Columbia
Area: District of Columbia
11/1/22, 3:35 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/71551/document 2/2
Employed on FPS EAST CCG DIV 2 ACQ DIV contract for Armed Guard II Services (330 Independence Ave. SW Washington, DC).
Collective Bargaining Agreement between contractor: Universal Protective Services LP, dba Allied Universal Security Services, and union: National Association of Special Police & Security Officers Local , effective 12/01/2020 through 11/30/2023.
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).
Cover Page CBA-2022-546 SAM.gov
DC0034 - 330 Independence Ave
11/1/22, 3:45 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/71552/document 1/2
| Wage Determination No.: CBA-2022-547
11/1/22, 3:45 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/71552/document 2/2
Employed on FPS EAST CCG DIV 2 ACQ DIV contract for Armed Guard II Services (375 & 395 E. Street SW Washington, D.C.).
Collective Bargaining Agreement between contractor: Universal Protective Services LP, dba Allied Universal Security Services, and union: Union of Patriot Plaza (UOPP) Local , effective 12/01/2022 through 11/30/2025.
AGREEMENT BETWEEN
Allied Universal Security Services
And the
UNION of Patriot Plaza (UOPP)
At
Patriot Plaza 375 & 395 E. Street, SW;
Washington, DC
Effective December 1, 2022 - November 30, 2025
COLLECTIVE BARGAINING AGREEMENT
INDEX
Preamble 5 Article I: Scope of Agreement 5
Section 1.1 5 Section 1.2 5 Section 1.3 5 Article II: MEMBERSHIP 5 Section 2.1 5 Section 2.2 6 Article Ill: NONDISCRIMINIATION 6 Article IV: MANAGEMENT RIGHTS 6 Section 4.1 6 Section 4.2 7 Section 4.3 7 Article V: LABOR MANAGEMENT MEETINGS 7
Article VI: EMPLOYEE CLASSIFICATIONS 7 Section 6.1 7 Section 6.2 7
ARTICLE VII: WORK WEEK AND HOURS OF WORK 7
Section 7.1 7 Section 7.2 7 Section 7.3 8 Section 7.4 8 Section 7.5 8 Section 7.6 8
ARTICLE VIII: DISCIPLINE AND DISCHARGE 8
Section 8.1 8 Section 8.2 9 Section 8.3 10 Section 8.4 10 Section 8.5 10 2IPage
Section 8.6 10 Section 8.7 10 Section 8.8 11 Section 8.9 11
ARTICLE IX: GRIEVANCE PROCEDURE 11
Section 9.1 11 Section 9.2 11 Section 9.3 12
ARTICLE X: ARBITRATION 12
Section 10.1 12 Section 10.2 13 Section 10.3 13 Section 10.4 13 Section 10.5 13 Section 10.6 13
ARTICLE XI: NO STRIKE AND NO LOCKOUT 13
ARTICLE XII: BULLETIN BOARDS 14
ARTICLE XIII: STEWARDS 14
Section 13.1 14 Section 13.2 14 Section 13.3 14
ARTICLE XIV: COURT APPEARANCE 14
ARTICLE XV: JURY DUTY 15
ARTICLE XVI: LEAVE OF ABSENCE 15
Section 16.1 15 Section 16.2 15 Section 16.3 15 Section 16.4 16 Section 16.5 16 Section 16.6
Section 16.7
ARTICLE XVII: HOLIDAYS AND BUILDING CLOSURE 17
Section 17.1 17 3IPage
Section 17.2 17 Section 17.3 18 Section 17.4 18
ARTICLE XVIII: VACATIONS 18
Section 18.1 18 Section 18.2 18
ARTICLE XIX: WEAPONS ANO EQUIPMENT 18
ARTICLE XX: SENIORITY 19
Section 20.1 19 Section 20.2 19 Section 20.3 19 Section 20.4 19 Section 20.5 19 Section 20.6 19 Section 20.7 20
ARTICLE XXI: VOLUNTARY QUITS 20
ARTICLE XXII: TRAINING AND RE-QUALIFICATIONS 21
Section 22.1 21 Section 22.2 21 Section 22.3 22 Section 22.4 22 Section 22.5 22 Section 22.6 22
ARTICLE XXIII: UNIFORMS 22
ARTICLE XXIV: HEALTH AND W22ELFARE 22
ARTICLE XXV: WAGES 23
ARTICLE XXVI: Retirement Plan 23
ARTICLE XXVII: SEPARABILITY ANO SAVINGS CLAUSE 23
DURATION OF AGREEMENT 24
APPENDIX: WAGES 25
HEALTH ANO WELFARE 25
Retirement Plan 25 4IPage
COLLECTIVE BARGINING AGREEMENT PREAMBLE
This agreement is entered by and between Allied Universal, (herein after referred to as 'Allied' or the 'Company') and the covered employees of the Company (further defined in Article XXVIII), located at 375 and 395 E. Street, S.W. Washington, D.C. and Union of Patriot Plaza (UofPP) and its affiliated Local (herein after referred to as the 'Union"). Unless otherwise stated herein, this agreement is effective December 1, 2022.
ARTICLE I: SCOPE OF AGREEMENT
Section 1.1:
The employer recognizes and acknowledges that the Union is the bargaining agent for all full-time and regular part-time armed security guards, including the lead security officer, employed by Allied Universal Security Services at Patriot Plaza 375 & 395 E Street, S.W., Washington, DC.
Section 1.2: Exclusions
This Agreement does not cover the following employees and management staff:
• Lieutenants, Site Manager, Officers and Directors of the employers;
• The Project Manager and any Assistant Project Manager; and
• All other supervisors; managerial employees; and non-guard employees
Section 1.3: Probationary Employees
All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety days (90) calendar days from date of hire. During their probationary period, employees may be subject to discipline or discharge at the discretion of the employer, 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.
ARTICLE II: MEMBERSHIP
Section 2.1: Definition
a. All employees who are members of the Union on the effective date of this Agreement, or voluntarily join hereafter, shall maintain their membership, or satisfy the financial obligations set by the Union during the term of this Agreement as condition of continued employment. All employees covered by this Agreement 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 sixty (60) days after employment, become members of agency fee payers as a condition of continued employment for the duration of this Agreement.
c. Upon notice from the Union employees who fail to pay such dues or agency fees shall be given thirty (30) days' notice by the employer, which will indicate the responsibilities of the
5I Page employees' condition of work. If any employee, within the (30) day period, fails to tender the required dues or fees, the employee shall be removed from this contract by the employer.
d. The Union shall indemnify and save the employer harmless against any and all claims, demand, suits, or any other forms of liability that may arise out of or by reason of any action taken not taken by the employer for the purpose of complying with any provision of this Article or in reliance on any list or notice furnished by the Union.
e. The employer is not responsible for distributing "dues cards".
Section 2.2: Dues Deduction
The Employer shall deduct such dues or agency fees each pay day from the pay to all employees covered by this Agreement in accordance with the National Labor Relations Act and the laws of the District of Columbia. The employer shall tender such deductions to the Union by the fifteenth {15) calendar day of the following month. The employer shall remit to the Union on a monthly basis a sum of money determined to constitute a representation fee as defined by the United States Supreme Court in NLRB vs General Motors Corporation. 373 U.S. 734 (1963); and Beck vs. Communications Works of America, U.S. 735 (1988), also provide on a monthly basis the name, the identification number and job classification of each employee and the amount of dues or agency fees deducted to date from January 1 of each year (Union will supply the deduction cards for the employees).
ARTICLE 111: NONDISCRIMINATION
The employer 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 employer and the Union shall each comply with all applicable federal and District of Columbia employment discrimination laws, including but not limited to the Age Discrimination in Employment Act, the Rehabilitation Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Acts of 1991, the Americans with Disabilities Act, as amended the Equal Pay Act, and the District of Columbia Human Rights Act. Any claim that the employer has violated this article, or federal of District of Columbia law against discrimination shall be resolved exclusively pursuant to the grievance and arbitration provisions of this agreement (Articles VIII and IX).
ARTICLE IV: MANAGEMENT RIGHTS
Section 4.1:
Subject only to such limitations as may be specifically imposed by this Agreement, the Union recognizes that the management of the business, direction and supervision of the work force is vested in the employer, including but not limited to the right to schedule work, to assign work and working hours to employees, to decide the work amount and location at the facility, to determine the type of services performed, to establish reasonable quality and performance standards, and the most efficient means of providing Service Handbooks to the extent that it does not conflict with an express provision of this Agreement. If the employer determines to change the handbook, the employer will meet and discuss those changes with the Union.
6IPage
Section 4.2:
The right of the Company to make and/or revise such reasonable rules and regulations, as it may deem best for the purpose of maintaining order, safety, and/or effective operations of the Company, and after advance notification of the Union Is 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 4.3:
The Union agrees to cooperate with the employer 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 of the U.S. government and that any actions taken by the employer pursuant to a requirement of the U.S. government may be taken unilaterally and shall not constitute a breach of this Agreement.
ARTICLE V: LABOR MANAGEMENT MEETINGS
A labor management meeting shall be scheduled once a quarter between Company and Union leadership to discuss any operational concerns that may frequently hinder the quality of services. These issues shall be non-arbitrational. Union stewards designated in writing may attend such meetings and their presence at such must be coordinated in advance to ensure no operational scheduling impact.
ARTICLE VI: EMPLOYEE CLASSIFICATIONS
Section 6.1:
Employees who work at least thirty-two (32) hours per week shall be considered as "full-time".
Employees who work less than thirty-two (32) hours per week shall be considered as "part-time".
Section 6.2:
Employees will be required to report to work 15 minutes prior for duty (gear up) and 15 minutes after for (gear down). Employees will be paid for the (30) minutes of (gear up) and (gear down) and must be on post at the scheduled time.
ARTICLE VII: WORK WEEK AND HOURS OF WORK
Section 7:1:
The work week shall be from 0001 hours Friday until 2400 hours Thursday each week. Wages shall be paid weekly on Thursday in the next week following the end of the pay-period. If the pay day falls on a holiday, the pay day should be the first business day before the holiday.
Section 7:2:
The hours of work for employees shall be scheduled by the employer at least two (2) weeks in advance except in circumstances beyond the employer's control. When possible, the employer shall make best efforts to schedule full-time employees for eight (8) or twelve (12) hour daily shifts, unless the employee is working overtime.
Section 7.3:
Employees who work more than 4 hours but less than 8 hours receive one (1) fifteen (15) minutes paid break. Employees who work 8 hours or more but less than 12 hours receive a 30-minute unpaid break and two (2) 15-minute paid breaks. Employees who work 12 hours will receive a 30-minute unpaid break and three (3) fifteen (15) minute paid breaks.
Overtime Distribution
Section7.4
The employer will schedule overtime with the employee, most senior qualified guards. If two guards have the same seniority, overtime will be given to the guard who made the request first.
Scheduled overtime shall be offered to guards qualified to perform the offered work by seniority on a rotating basis. The assignment shall be offered to the most senior, qualified guard not offered the previous opportunity. Overtime is to be paid at the rate of one and one-half (1 ½) times base hourly straight time rate. Overtime shall be paid to employees for work performed in excess of forty (40) hours in a work week. There will not be any pyramiding hours worked. Paid vacation or holiday time shall not be counted as hours worked in the calculation of overtime.
Section 7.5:
An employee called in outside his regular work schedule shall be guaranteed a minimum of four
(4) consecutive hours of work. However, should an employee desire not to stay at the facility, they will only be paid for actual time worked.
Section 7.6:
Nothing in this Article shall be considered as a guarantee of work, work opportunities, or hours except as otherwise expressly provided.
ARITICAL VIII: DISCIPLINE AND DISCHARGE
Section 8.1: Just Cause
No employee shall be discharged or disciplined without just cause, and discipline and discharge matters shall be subject to the grievance and arbitration procedures contained in Articles VIII and IX of this Agreement.
• Violation of Rules and Regulations of Government Public Building and Grounds. 41 CFR 101-20.3
• Neglect of Duty (including sleeping while on duty, insubordination, including deliberate failure to carry out assigned tasks, conducting personal affairs during official time). The term "personal affairs" as used in this paragraph does not include the making of telephone or other inquiries concerning the status of children or family members or the provisions of their care provided that such activities have been approved by the employee's supervisor. Personal long-distance telephone calls shall not be made at the government or employer expense.
8IPage
• Falsification of unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.
• Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.
• Theft, vandalism, or criminal acts.
• Drinking or drunkenness on the job: use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the employer's Alcohol and Drug Abuse Policy.
o Improper use of official authority or credentials.
• Unauthorized use of communications equipment or Government property.
• Misuse of weapon(s) or possession of private firearm on the job.
• Violation of Government security procedures or regulation, including, without limitation, those set forth in the GSA Security Guard Manual.
• Violation of state or federal laws regarding the passion or use of firearm.
• Unauthorized post abandonment.
• Failure to cooperate with Government officials, local law enforcement authorities, or the employer during an official investigation.
• Falsification of time records.
• Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company.
• Sexual, racial or verbal harassment in violation of the employer's policy.
• 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 threated, coerce or intimidate any such person.
• Any other offenses of a character equally serious as those above, grieve able under this CBA.
Section 8.2:
The Company shall have the right to suspend an employee three (3) days with officer cooperating with investigation 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. In upon the completion of the investigation, and if the suspension had not merit, the Employee shall be made whole of all-time loss during the investigation process.
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Section 8.3:
Violations by an employee shall be addressed promptly by management and if available with presence of Shop Steward. In the event where any violation or deficiency occurs and a write-up is warranted, such write-up must be issued no more than (72) hours after the violation occurred. When Employees are suspended or discharged, the Company will provide notice thereof to the Union within three (3) working days. Only Lieutenants, Captains, and Majors are allowed to document disciplinary actions against Officer's.
Section 8.4:
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 8.5:
Call off- It shall constitute an offense for an Employee to cancel work (call off) without providing the Company with a minimum of four (4) hours’ notice, except where failure to communicate is the result of emergency circumstances that prohibited the employee from contacting the Company.
Section 8.2: Progressive Discipline
The employer shall typically employ a system of progressive discipline as follows:
First Offense:
Second Offense:
Third Offense:
Fourth Offense:
Fifth Offense:
Verbal Warning
Written Warning and conference
Suspension ((One) 1 day)
Suspension ((Three) 3 days)
Termination
The above disciplinary procedure, applicable to offenses, which do not constitute gross misconduct, relate to progressive discipline solely for each specified offense. An offense that is more than twelve
(12) months old shall not be considered in the above described progressive disciplinary procedure.
Offenses, which constitute gross misconduct on the part of the employee, shall not be subject to progressive discipline. In such instances, the employer shall retain the right to immediately suspend and employee pending an investigation and/r to immediately discharge an employee as the investigative fining warrant.
Section 8.7: Standards of Conduct
It is acknowledged and recognized that the employer is in the business of providing security services to the U.S. government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the employer and Union that all employees shall act in a highly professional, courteous manner and shall be held responsibility for their duties, functions and job requirements. It is also recognized that timely and consistent attendance is not to present disruption to fellow employee's schedules/discretion to contact operations/overtime/open posts; and
10IPage that minimum of four hours advanced notice is required for any call off. Deviation from or failure to meet these expectations, or exhibiting repeated occurrences of attendance and/or tardiness, shall constitute just cause and result in disciplinary action, up to an including termination.
Section 8.8: Government Action
If the contracting agency, or other government agency, directs that a specific employee be removed from the contract or otherwise disciplined, any such action directed may be undertaken by the employer. In the event that the contracting agency or other government agency expressly directs the removal of discipline of an employee, the employer agrees to cooperate with the Union by providing it with available information concerning the incident within five (5) calendar days of such direction by the contracting agency or other government agency. It is expressly understood that such government action does not create an obligation on employer to relocate or reassign employee to any other contract. The Union may appeal the government agency actions and if prevail the employer must consider returning that employee to a position at the worksite.
Section 8.9: Investigatory Interviews
Subject to, and in accordance with, the National Labor Relations Act any investigatory interview between and employee and a Company representative which is anticipate 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.
ARTICLE IX: GRIEVANCE PROCEDURE
Section 9.1: Definitions
A grievance is defined as any disagreement between the parties concerning any matters relating to wages, rates of pay, hours of employment or other conditions of employment, or any application or interpretation of the employer's policies, applicable laws, or the provision of this Agreement. Any such grievance shall be processed as set forth below. The parties recognize that day-to-day problems affecting employees may normally be resolved informally between the employee and immediate supervisor. Such matters shall not be deemed grievances, and their settlement shall not establish a precedent for the resolution of similar problems.
Section 9.2: Procedures
Step 1- Employees having a grievance shall take it up with the Site Supervisor within ten (10) calendar days from the time that the grievance arose. A shop steward shall be included in all discussions regarding the grievance, unless to do so would delay the processing of the grievance. If no response is rendered by the grievant immediate supervisor within five (5) working days after submittal of the grievant in Step 1. If the grievance shall be deemed denied and the Union's time period to move it to the next Step 2 begins.
Step 2 - If a satisfactory settlement is not affected in Step 1, the grievant, or an authorized Union representative on behalf of the grievance may, within five (5) working days after the date of Step 1 response, submit such grievance, in writing, signed by the grievant of the Union's representative, to the
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Program Manager or designee. 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 have been allegedly violated, and whether the Union desires a meeting. If a meeting is requested, the parties will schedule a mutually convenient time and it may be held telephonically or in person. The Union's staff representative must participate in any meeting. The employer will respond to the grievance, in writing, within five (5) working days of the date it is submitted, if no meeting is requested or within five
(5) working days of any meeting. If no response is rendered by the individual indicated above within seven (7) working days after submittal of the grievance in Step 2, either party requests in writing, a meeting with the other party to discuss the grievance, then Step (2) shall be deemed concluded within ten (10) business days after submission of the grievance in Step (2). If the grievance shall be deemed denied and the Union's time period to move it to Step 3.
Step 3 - If a satisfactory settlement is not affected in Step 2, the grievant, or an authorized Union representative on behalf of the grievance may, within ten (10) working days after the date of Step 2, submit such grievance to the Company's General Manager/Director of Operations or designee.
Either party may request a meeting with the other party to discuss the grievance, which will be held by telephone conference call unless otherwise agreed. The Union's President/designee must participate in any meeting. The employer will respond to the grievance, in writing, within ten (10) working days of the date it is submitted, if a meeting is requested, or within ten (10) working days of any meeting. If the grievance shall be deemed denied and the Union's time period to move it to Step 4.
Step 4 - If a satisfactory settlement is not affected in Step (3), either party may refer the matter to arbitration.
If no response is rendered by the individual indicated above within ten (10) working days, the grievance shall be deemed granted and the remedy requested implemented, In the event of employee terminations, the grievance shall begin at Step 3 and must be submitted to the employer within five (5) days from the date the employer or Union became aware of the termination.
Any grievance submitted by the employer shall first be submitted to the Union's staff representative for resolution and if a satisfactory settlement is not effected, or, if no response is rendered by the Union with fifteen (15) working days after submittal of the grievance to the Union, the employers grievance shall be deemed denied and the employer may proceed to Step 4.
Section 9.3: Extensions
Any grievance not processed in accordance with the time limits and/or steps of the grievance procedures prescribe above shall be deemed waived, unless the grievance is accepted and responded to be the Company. Extensions of these time limits may e accomplished only in writing, signed by the employer and the Union, For the purpose of this Article, "working days" shall be defined as Monday through Friday, excluding only holiday observed pursuant to Article XC of this Agreement.
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ARTICLE X: ARBITRATION
Section 10.1: Arbitrator Selections
If the matter is referred to arbitration pursuant to Step 4 of Article VIII, either party may request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Services (FMCS). The parties may mutually select an arbitrator from the list or follow the arbitration rules of the FMCS in selecting an arbitrator.
Section 10.2:
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 otherwise agree.
Section 10.3:
The arbitrator shall have no authority to add to, detract from, modify or delete any provision of this Agreement.
Section 10.4:
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.
Section 10.5:
The arbitrator shall then proceed to hear and determine the case submitted. Unless otherwise mutually agreed, all hearings conducted hereunder shall be recorded verbatim by a qualified stenographer reporter or by other recorded means acceptable to an arbitrator. The expense of arbitrator, including the fee and expenses of the arbitrator (including a transcript ordered by the arbitrator) and the attendance fee of the reporter, shall be borne equally by both parties, but the cost of any other transcript shall be borne totally by the party ordering it.
Section 10.6: Arbitrator Authority
The arbitrator shall have the provisions of this Agreement to render a decision an any grievance, but shall not have the authority to amend or modify this Agreement. The arbitrator shall determine any question of arbitrator ability. Further, the arbitrator shall have the authority to apply and interpret the provisions of this Agreement only insofar as may be necessary to the determination of such grievance.
The decision of the arbitrator shall be final and binding on the parties and shall not be inconsistent with the terms of this Agreement.
ARTICLE XI: NO STRIKE ANO NO LOCKOUT
The employer agrees not to cause, permit or engage in any lockout of its employees during the term of this Agreement. The Union agrees that neither it nor the employees it represents covered by this Agreement will, during the term of this Agreement, cause, permit, or take part in any work stoppage, slowdown, sick-out or work action strike, including sympathy strike or picketing. It shall be a
13IPage violation of this Agreement, and it shall be cause for immediate discharge, if an employee refuses to enter upon any property involved in a labor dispute involving other employee organizations or refuses to go through or work behind any picket lines involving other employee organizations at the employer's place or places of business. In addition, at any location covered by this Agreement, the Union shall not engage in any hand billing, leaf letting, distribution of literature, public appeals, or demonstrations directed at non-bargaining unit members, involving matters or disputes regarding the terms and conditions of this Agreement. The Union and the employer agree to take all steps possible to ensure that Government property is properly secured and protected in the event of any labor dispute at Patriot Plaza, Washington, DC.
ARTICLE XII: BULLETIN BOARDS
The employer will use its reasonable best efforts to obtain permission from the Government for a bulletin board for the exclusive use of the Union at Patriot Plaza, Washington, O.C. there shall be no posting of literature on these bulletin boards except by the authority of officially designated representative of the Union.
Section 13.2: Shop Steward
ARTICLE XIII: STEWARDS
The Union shall designate no more than one Chief Steward, three (3) Stewards and three alternate Stewards: One/alternate for each shift. The Union shall notify the employer of the selection of Stewards within ten (10) days of such selection. Stewards shall not interfere with the management of the business or direct the work of any employee.
Section 13.2: Shop Steward Authority
Stewards have no authority to call or direct strikes or authorize other economic action against the employer. The authority of Stewards shall be limited to the investigation and representation of grievances in accordance with the provision of this Agreement and the transmission of such messages and information, which shall originate with and are authorized by the Union or its officers.
Section 13.3: Shop Steward Representation
Stewards representing security guards for any disciplinary action will be paid by the Union, twenty (20) dollars flat fee per case. Subject to, and in accordance with the National Labor Relations Act (Title 29, Chapter, Subchapter II, United States Code), any investigatory interview between an employee and the Company representative which is anticipated to result in discipline shall at the request of the employee, be conducted in the presence of an organized Union officer or shop steward unless such officer or shop steward is not reasonably available and exigent circumstances preclude postponement or the investigation.
ARTICLE XIV: COURT APPEARANCE
Court or administrative appearance necessitated by job related occurrences or incidents shall be compensated for fully at the rates specified in this Agreement less any monies received from the court.
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The affected employee shall not receive less than the recommended pay. However, other court, administrative or grievance procedure and/or arbitration appearances shall not be employer paid.
ARTICLE XV: 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 eighty (80) hours. The employee must provide his/her immediate supervisor with a jury notification of the requirement to serve on a jury as soon as notice is received in order to be paid for this benefit. This benefit shall be paid upon the base hourly straight rate of the employee, less all amounts received by the employee from any court or government agency to serve on a jury.
If an employee is summoned to serve on the jury on his/her regular schedule work day. Compensation shall be paid by the employer for jury duty on any normally scheduled work day.
ARTICLE XVI: LEAVE OF ABSENCE
Section 16.1: Family Medical Leave Act
All provisions of this Article shall be applied in a manner consistent with the Family and Medical Leave Act of 1993 and/or the District of Columbia Family and Medical Leave Act. Eligible non-probationary employees will be granted up to twelve (12) 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.
Whenever an employee who is pregnant and cannot perform her duty safely or efficiently, the employee shall take a leave of absence. An employee who takes such maternity leave may elect to utilize as much paid sick leave as he/she has accrued. During such leave of absence, the employee shall retain his/her existing seniority and shall continue to accrue seniority.
Section 16.2: Extended Maternity and Sick Leave
If an employee is ill (or returning from maternity leave) and unable to work and has exhausted his or her accrued days of maternity and sick leave, the employee may request and may, at the employer's discretion, be granted extended sick leave without pay of up to thirty (30) days or one (1) month. During an extended maternity and sick leave, the employee shall not continue to accrue seniority, although all seniority attained prior to the granting of extended maternity and sick leave shall be retained.
Section 16.3: Personal Leave without Pay
An employee may request personal leave without pay for a period of up to thirty (30) days. It is within the employer's sole discretion whether such requests, which must be in writing and state the reason for a length of the desired leave, will be granted. Neither seniority nor benefits shall accrue during such personal leave. Employees on leave of absence for personal reasons who accept other employment during such leave shall be considered as having resigned. Upon giving two (2) weeks' notice of intent to return to work, and employee shall be scheduled to report to his manager for his actual duty station. If no job is available on the employees' former shift or former site, he or she may
15IPage be put on any shift or site, but will be returned to his or her former shift or site as soon as an opening is available, consistent with the employer's scheduling needs.
Section 16.5: Bereavement Leave
In the event in the immediate family (namely, of parent (loco parentis), spouse, child, brother, sister, foster parent, grandparents, grandchildren, or in-laws of a full-time employee requiring the employee's absence from his/her regularly schedule assignments for the purpose of arranging and attending the funeral, the employee will be granted a leave of absence with pay up to three (3) calendar days.
Where the employee's normal time off falls within the three (3) day period he/she will be reimbursed for the portion of time normally schedule to work, but under no circumstances shall the application of this clause result in a change in the employee's basic weekly earnings. The employer may require proof of death and/or deceased relationship to the employee.
Section 16.6: Military Leave
Employees enlisted or enlisting in the military service of the United States pursuant to the provision of the Uniformed Services Employment and Re-employment Rights Act and amendments thereto shall be granted all rights and privileges provided by the Act.
Section 16.7: Sick Leave
• All employees shall accrue sick leave benefits based on one (1) hour per thirty (30) hours worked per contract year per the Executive Order 13706. The accrual of sick leave is based upon sick leave accrued by the employees, without break in service. They shall accrue and be eligible for a maximum of fifty-six (56) paid sick leave hours per full government contract year.
• New employees may not use sick leave during the Probationary Period and shall not be entitled to any cash out if terminated during the Probationary Period. Sick leave time off must be approved by the employee1s immediate supervisor and shall be taken in no less than one (1) hour increments.
• A leave request in writing must be made at least seven (7) calendar days in advance where the need for the leave is foreseeable.
• Any employee who is unable to report to work because of sickness shall notify the Employer as soon as possible prior to the beginning of his/her regular shift.
• Upon request, employees will be eligible to cash out their accrued sick leave at the end of the contract year. The unused sick leave will be carried over to the following year up to the maximum fifty-six (56) paid sick leave hours. Employees will receive a fixed amount of sick leave of fifty-six (56) at the beginning of the government contract year.
• All unused sick leave shall be paid to the employees, when the employer's contract with the Government terminates, or when the employment of an employee with the employer terminates, which occurs first.
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• An employee who has been absent due to illness for three (3) consecutive days or more shall be required to provide verification from a physician licensed by the state of the employee's residence or other adjacent states confirming the employee's illness and authorization for absence from work. Failure to provide the required physician's verification shall be grounds for discipline up to and including termination and such leave shall not be reimbursed.
ARTICLE XVII: HOLIDAYS & BUILDING CLOSURE
Section 17.1:
The employer shall grant to all employees the following holidays off with pay (or pay in lieu thereof, if normally scheduled to work that week day). Holidays benefits shall be paid provided that the employee shall work his or her regularly scheduled work day prior to the holiday and his or her regularly scheduled work day after the holiday:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Juneteenth Independence Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Full-time employees will receive eight (8) hours of pay at their base hourly rate for holiday pay.
Part-time employees will receive a pro rata amount of holiday pay based on the hours worked during the pay period in which the holiday…
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