70RFP223REC000002.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/C

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 C

000000 CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70RFP2

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/24/2023 1400 ET

02/16/2023

856-466-2993Frank Borelli (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP223REC000002

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: Frank Borelli

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

$29

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

X

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 eight locations throughout Washington, D.C.

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

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

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.

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-2023-25: Collective Bargaining Agreement between contractor: Elite Protective Services, Inc. and Union: National Union of Special Police

Officers (NUSPO) a division of the United

Federation LEOS-PBA, (covers DC0001, DC0365/DC4202, DC0467 & DC0719)

Please note the following in relation to Appendix

A of this CBA-

DC0001 = "Central Heating Plant"

DC0365/DC4202 = "Small Business Administration"

DC0719 = "NLRB"

DC0467 = "SSA 2041 MLK"

CBA-2023-31: Collective Bargaining Agreement between contractor: Paragon Systems, Inc. and

Union: National Association of Special Police and

Security Officers (NASPSO) (covers DC0068).

CBA-2023-32: Collective Bargaining Agreement between contractor: Paragon Systems, Inc. and

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)

70RFP223REC000002

Union: National Association of Special Police and

Security Officers (NASPSO) (covers DC0024).

CBA-2023-33: Collective Bargaining Agreement between contractor: Paragon Systems, Inc. and

Union: United Federation LEOS PBA and Division of

National Union of Special Police Officers (NUSPO)

(covers DC4207).

The ordering periods are as follows:

Ordering Period I: 04/01/2023 – 03/31/2024

Ordering Period II: 04/01/2024 – 03/31/2025

Ordering Period III: 04/01/2025 – 03/31/2026

Ordering Period IV: 04/01/2026 – 03/31/2027

Ordering Period V: 04/01/2027 – 03/31/2028

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 women owned small businesses wishing to receive the current post exhibit must submit a completed Non-Disclosure Agreement to

Frank.Borelli@fps.dhs.gov and

Josh.B.Clemens@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 via email to Frank.Borelli@fps.dhs.gov and Josh.B.Clemens@fps.dhs.gov, as soon as possible but no later than 3:00 PM EST February

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)

70RFP223REC000002

22, 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.

Period of Performance: 04/01/2023 to 03/31/2028

Ordering Period I: 04/01/2023 - 03/31/2024

0001 PSO Services 110000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

0002 Supervisory PSO Services 13500 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Ordering Period II: 04/01/2024 - 03/31/2025

1001 PSO Services 130000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

1002 Supervisory PSO Services 15800 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Ordering Period III: 04/01/2025 - 03/31/2026

2001 PSO Services 130000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

2002 Supervisory PSO Services 15800 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

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)

70RFP223REC000002

Ordering Period IV: 04/01/2026 - 03/31/2027

3001 PSO Services 130000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

3002 Supervisory PSO Services 15800 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Ordering Period V: 04/01/2027 - 03/31/2028

4001 PSO Services 130000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

4002 Supervisory PSO Services 15800 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

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

8/30/19

CBA-2019-12908 Rev 2 DC0068

(NASPSO)

AND

PARAGON SYSTEMS, INC.

AT

950 L’ENFANT PLAZA, SW

401 14TH Street, SW

AGREEMENT BETWEEN

NATIONAL ASSOCIATION OF SPECIAL

POLICE AND SECURITY OFFICERS

WASHINGTON, DC

EFFECTIVE October 1, 2022 – October 31, 2025

NASPSO Paragon

Table of Contents

PREAMBLE

ARTICLE I: INTENT AND PURPOSE OF THE AGREEMENT

ARTICLE II: SCOPE OF AGREEMENT

ARTICLE III: MEMBERSHIP

ARTICLE IV: NONDISCRIMINATION

ARTICLE V: MANAGEMENT RIGHTS

ARTICLE VI: EMPLOYEE CLASSIFICATIONS

ARTICLE VII: WORK WEEK AND HOURS OF WORK

ARTICLE VIII: GENERAL WAGE PROVISIONS

ARTICLE IX: DISCLIPLINE & DISCHARGE

ARTICLE X: GRIEVANCE PROCEDURE

ARTICLE XI: ARBITRATION

ARTICLE XII: NO STRIKE AND NO LOCKOUT

ARTICLE XIII: BULLETIN BOARDS

ARTICLE XIV: SHOP STEWARDS

ARTICLE XV: COURT APPEARANCES

ARTICLE XVI: LEAVES OF ABSENCE

ARTICLE XVII: PERSONAL/SICK LEAVE

ARTICLE XVIII: HOLIDAYS

ARTICLE XIX: VACATIONS

ARTICLE XX: WEAPONS

ARTICLE XXI: UNION SENIORITY

ARTICLE XXII: VOLUNTARY QUITS

ARTICLE XXIII: MISCELLANEOUS PROVISIONS

ARTICLE XXIV: TRAINING AND RE-QUALIFICATION

ARTICLE XXV: HEALTH AND WELFARE

ARTICLE XXVI: WAGES

ARTICLE XXVII: SEPARABILITY AND SAVINGS CLAUSE

ARTICLE XXVIII: DURATION OF AGREEMENT

APPENDIX

PREAMBLE

This Agreement is entered into as of the date of full execution, by and between Paragon Systems, Inc., (Paragon), hereinafter referred to as the “Employer”, its successors and assigns and the Employees of the

Employer's, as represented by the National Association of Special Police and Security Officers (NASPSO), hereinafter referred to as the "Union located at:

950 L’Enfant Plaza, SW

401 14th Street, SW

Washington, DC

The Agreement is effective as further defined in Article XXVIII. The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with the respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties, after exercise of that right and opportunity, are set forth in this Agreement.

ARTICLE I: INTENT AND PURPOSE OF THE AGREEMENT

Section 1:

It is the intent and purpose of this Agreement to assure sound and mutually beneficial industrial and economic relationships between the parties hereto, to provide an orderly and peaceful means of conducting negotiations and resolving any misunderstandings or grievances, and to set forth herein the basic Agreement between the parties covering rates of pay, wages, hours of work and other conditions of employment.

Section 2:

The Union, the Employer and all employees are bound by and hereby pledge their cooperation in observing all provisions of this Agreement consistent with applicable State and Federal Law. Both parties recognize the principle of a fair days work for a fair days pay.

Section 3:

It is the intent of the parties that this Agreement shall be binding upon the parties hereto, their successors and assigns and no provisions, terms or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, sale, transfer, succession or assignment of either party hereto, or affected, modified, altered or changed in any respect whatsoever by any change of any kind in the legal status, ownership or management of either party hereto. Both parties agree to provide a minimum of 30 days notification prior to any such change.

ARTICLE II: SCOPE OF AGREEMENT

The Employer recognizes and acknowledges that the Union is the sole bargaining agent for all full-time and regular part-time armed and unarmed security guards, employed by the Employer at its locations at 950

L’Enfant Plaza, SW, & 401 14th Street, SW, Washington, D.C.

Section 2: Exclusions

This Agreement does not cover the following employees and management staff:

a. Lieutenants, Site Managers, and Directors of the Employer;

b. The Project Manager and any Assistant Project Manager; and

c. All other supervisors; managerial employees; confidential employees, and non-guard employees.

Section 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 IX, X, and XI of this Agreement. All other provisions of this

Agreement are applicable to probationary employees unless otherwise expressly provided.

ARTICLE III: MEMBERSHIP

Section 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 a 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 thirty (30) days after employment, become members or agency fee payers.

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 indicate the responsibilities of the Employee’s condition of work. If any Employee, within the thirty (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 or 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.

Section 2: Dues Deduction

The Employer shall deduct such dues or agency fees each pay day from the pay of all Employees covered by this Agreement in accordance with the National Labor Relations Act, the Beck Rights, and the laws of the District of Columbia. The Employer shall deduct one half of the monthly dues amount per paycheck and send the deducted dues amount to the Union, once per month at the end of each 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 v. General Motors Corporation, 373 U.S. 734 (1963); and Beck v.

Communications Workers of America, 487 U.S. 735 (1988). The Company must also provide, on a monthly basis, the name, of each Employee and the amount of dues deducted.

ARTICLE IV: 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 Act 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 any federal or District of Columbia law against discrimination, shall be resolved pursuant to the grievance and arbitration provisions of this Agreement, Articles X and XI.

ARTICLE V: MANAGEMENT RIGHTS

The Management of the Employer retains the rights to manage its operations: to direct, control and schedule its operations and work force and to make any and all decisions affecting the operation, whether or not specifically mentioned herein. Such prerogative shall include, but not be limited to, the exclusive rights to:

hire, promote, lay off, assign, suspend, discharge and discipline employees; select and determine the number of its employees, including the number assigned to any particular work; to increase or decrease that number;

direct and schedule the work force; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment of a security nature; determine the methods, procedures, materials and operations, in whole or in part and to discontinue their performance by employees of the Employer; transfer or relocate any or all of the operations, in whole or in part at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; required duties other than normally assigned to be performed; select supervisory employees; train employees; discontinue, reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force, introduce new and improved methods or facilities regardless whether or not such may cause a reduction in the work force; establish, change, combine, or abolish job classifications; determine reasonable work pace, work performance levels and standards of performance of the employees and in all respects carry out in addition the ordinary and customary functions of management, all without hindrance or interference by the Union except as specifically altered or modified by the express terms of this Agreement.

The right of the Employer 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 Employer, and after advance notification of the Union, is recognized. The Union reserves the right to question the reasonableness of the Employer’s implementation or modification of any rule or regulation through the filing of a timely grievance after such notification.

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 the U.S.

Government may exercise 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 VI: EMPLOYEE CLASSIFICATIONS

Employees who are regularly scheduled to work at least thirty-six (36) hours per work-week shall be considered as “full-time”. Employees who are regularly scheduled to work less than thirty-six (36) hours per work-week shall be considered as “part-time”.

ARTICLE VII: WORK WEEK AND HOURS OF WORK

Section 1: Definition

The purpose of this section to define “hours worked” as it relates to the payment of Health & Welfare and

Pension/401(k) Benefits as well as the accrual of Vacation and Sick Leave. “Hours worked” will include (to a maximum of forty (40) hours per week):

• Straight time hours worked

• Training hours

The work week shall be from 0001 hours Friday until 2400 hours Thursday each week. Wages shall be paid bi-weekly on the second Thursday following the end of the pay-period.

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. The Employer shall schedule full-time employees for eight (8) to twelve (12) hour daily shifts, unless the employee is working overtime or other operational needs of the Employer require a shorter shift. A full time employee will not be scheduled for a duty shift less than four (4) hours in length. This shall not apply to training hours.

Section 3: Breaks:

The Company will use its best efforts, subject to the operational needs of the contract, to provide each employee with a fifteen (15) minute break for every four hours of continuous work, as well as a 30 minute unpaid lunch period for employees working at least a six hour shift.

Section 4: Overtime Compensation

Overtime pay is calculated at one and one-half (1.5) times the CBA wages employee's "regular" rate (as that term is defined in the law) for all hours of work in excess of forty (40) hours of actual work in any single work week. There will not be any pyramiding of hours worked. Only hours actually worked will be recognized in determining overtime eligibility. There will not be any pyramiding of hours worked. Only hours actually worked will be recognized in determining overtime eligibility. It is understood and agreed that is an employee works at two or more different rates in a single workweek, the “regular rate” for overtime purposes will be calculated in accordance with 29.C.F.R. Section 778.115.

Opportunity to work overtime shall be provided consistent with the Employer's business needs and circumstances and must be authorized in advance by the Employer. Employees may be required to work assignments beyond scheduled hours at the discretion of the Employer. The Employer may hold over

Employees until relieved up to twelve (12) hours, and/or to require an available Employee to provide coverage.

No overtime work shall be required or permitted except by direction of proper supervisory personnel of the Employer.

Section 5: Hold Over

The Employer shall have the right to holdover employees until relieved and/or to require an available employee to provide coverage of the post. Whenever practical, the Employer will attempt to provide two (2) hours’ notice to employees on duty that will be required to work additional hours. Employees shall not be held over past 12 hours, unless mandated by emergency conditions. Once an employee turns in their equipment and signs out, the Employer has no right to force them to stay, except in government declared emergencies.

Section 6:

Except as required to maintain operations, employees shall not be required to work additional hours against their wishes. If required, the following will apply: Prior to requiring an employee to work additional hours against their wishes, all available and qualified employees shall be given the opportunity to voluntarily work the overtime assignment.

Section 7:

An employee called in outside his regular work schedule shall be guaranteed a minimum of four (4) consecutive hours of work or pay at the applicable minimum wage in lieu thereof. Each officer will be paid for time actually spent at work.

Section 8:

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

Section 9: Guard Mount

All Employees will be paid up to five (5) minutes guard mount time before and after each shift, not to exceed five (5) minutes per day to provide the time necessary to sign-in/out, draw weapons and to reach/return from the assigned post. This time will not be included in the calculation of overtime.

Section 10:

Payroll errors of one hundred ($100.00) dollars or less shall be adjusted in the following pay period.

Payroll errors or more than one hundred ($100.00) dollars shall be adjusted within seventy-two (72) hours.

ARTICLE VIII: GENERAL WAGE PROVISIONS

All employees shall receive not less than the minimum wage rates as set forth in the scheduled job titles and wage rates reflected in Appendix A attached hereto and made a part hereof, except as otherwise set forth in this Agreement.

ARTICLE IX: DISCIPLINE AND DISCHARGE

Section 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 X and XI of this Agreement.

However, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the penalty imposed by the Employer for a proven violation of any of the following, which is a representative, but not exhaustive list:

A. Violation of Rules and Regulations of Government Public Building and Grounds, 41 CFR § 101-

20.3.

B. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a penalty against the Company by the United States Government or DHS.)

C. Insubordination (including, without limitation, deliberate failure to carry out assigned task, refusal of a direct order, abusive language directed toward a supervisor and similar conduct.)

D. Conducting personal affairs during official time without prior approval from the Employee’s supervisor of Project Manager. Personal telephone calls whether local or long distance shall not be made at government or Employer expense, except with the prior approval of the Employee’s direct supervisor or Project Manager.

E. Falsification or 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.

F. 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

Employer.

G. Theft, vandalism, or criminal acts.

H. 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.

I. Improper use of official authority or credentials.

J. Unauthorized use of communications equipment or Government property.

K. Misuse of weapon(s) or possession of private firearm on the job.

L. Violation of Government security procedures or regulations, including, without limitation, those set forth in the Security Guard Information Manual SmartBook.

M. Violation of state or federal laws regarding the possession or use of a firearm.

N. Unauthorized post abandonment.

O. Failure to cooperate with Government officials, local law enforcement authorities, or the

Employer during an official investigation.

P. Falsification of time records.

Q. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Employer.

R. Sexual, racial or verbal harassment in violation of the Employer’s policy.

S. Any violation for which the Company receives a 2820 from the Government.

T. 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.

U. Failure to appear for work without notice (“no-call no-show.)

The foregoing is not intended to be the complete list of offenses for which disciplinary action may be imposed. It is expressly agreed and understood that the Company shall have the right to establish from time to time other reasonable rules of conduct and the right to discipline, up to and including the right to terminate for violating the same. The Employer shall have the right to determine the level of discipline.

Section 2: Investigations

The Employer shall have the right to place an employee on unpaid administrative leave during any investigation or pending discharge. Investigations will be completed within three (3) weeks or fifteen (15) business days of the Employer’s knowledge of the event unless there are extenuating circumstances.

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 an

Employee pending an investigation and/or to immediately discharge an Employee as the investigative finding warrants.

Section 3: Discipline

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, whether the employee signs the disciplinary form or not.

Section 4: Absenteeism

Employees are required to report and be ready for work at their required times. It shall constitute an offense for an employee to be absent from work or late reporting to work without prior authorization, unless the employee uses available sick leave to account for the absence. Such authorization must be an express agreement from the employee's Supervisor that the employee has been removed from the schedule and is excused from work. "Calling off' in advance, while required, is not sufficient to excuse an absence or tardiness. Sick leave may not be used to account for tardiness.

Employees shall provide as much advance notice as possible of an absence or tardiness. In no case shall notice of an absence be given less than four (4) hours in advance. Failure to provide at least four (4) hours' notice of an absence to the Program Manager/Supervisor in advance will result in skipping of a one step in the progression of discipline described below except where failure to communicate is the result of emergency circumstances that prohibit the Employee from contacting the

Employer. The employee shall not be authorized to use sick leave to account for the absence. (There shall be no skipping of a step in the event of tardiness.)

Each unauthorized absence or late reporting for work will result in the following disciplinary progression, unless the Company determines, in its sole discretion, that mitigating circumstances rendered the event beyond the employee's control.

1. With respect to the first unauthorized absence or tardiness within any consecutive 12 month period, without at least four hours' notice, a written reprimand will be given.

2. With respect to the second unauthorized absence or tardiness within any consecutive 12 month period, without at least four hours' notice, a three (3) day suspension will be given.

3. With respect to a third unauthorized absence or tardiness, or second absence without at least four hours’ notice, within any consecutive 12 month period, a five-day (5) suspension will be given.

4. With respect to the fourth unauthorized absence or tardiness, within any consecutive 12 month period, the employee will be terminated.

It is expressly agreed and understood between the parties that this is a "strict liability" absentee policy.

Section 5: Personal Electronics.

The use of or visible possession of personal cell phones, tablets, laptops, gaming devices, Bluetooth earpieces, headphones, smart watches, or any other unauthorized electronic device on post is forbidden. For the purpose of this section, “use or visible possession” includes any visible possession or engagement of the device on post, including making or receiving a call, checking the time, checking email, checking texts, engaging or disengaging an alarm, charging of the device, and any other unauthorized use or visible possession whatsoever.

For violation of this section:

1. On the first offense a three (3) day suspension will be given.

2. On the second of such offense within any consecutive twelve month period, a five (5) day suspension will be given.

3. On the third of such offense within a consecutive twelve month period, the employee will be terminated.

An employee with a bona fide emergency need to have means of contact with family members while on duty

(such as hospitalization of a family member) shall notify his or her supervisor of the need and make arrangements with the supervisor to communicate emergency messages.

Section 6: Open Post

Notwithstanding the progression of discipline set forth in Article IX, if an employee’s unexcused lateness reporting to work causes an Open Post:

1. On the first offense a three (3) day suspension will be given.

2. On the second such offense within a consecutive 12 month period, a five (5) day suspension will be given.

3. On the third such offense within a consecutive 12 month period, the employee will be terminated.

It is expressly understood and agreed that this Open Post policy is to be administered in a spirit of fairness, and that the Company retains the right to waive such suspension if it is determined that the lateness reporting to work was the result of circumstances entirely beyond the employee’s control. It is further expressly understood and agreed that traffic delays and congestion, weather delays, childcare issues, and similar circumstances are part of every employee’s daily commute, and it is the employee’s responsibility to anticipate such delays and structure their commute accordingly.

Section 7: Discipline Procedures for Minor Offenses

A. When the Employer deems the matter to warrant action less than discharge it shall have the discretion to impose any of the following: The Employer shall employ a system of progressive discipline as follows:

First Offense: Verbal

Second Offense Written with Letter of Counseling

Third Offense: One Day Suspension

Forth Offense Five Day Suspension & Final Letter

The above disciplinary procedures, applicable to offenses which do not constitute gross misconduct, relate to progressive discipline for any and all such offenses for that particular employee. Any offense that is more than twelve (12) months old shall not be considered in the above described progressive disciplinary procedure, except for items regarding harassment, discrimination, violence, weapons violations, or items of a criminal nature and a “Final Notice” which shall remain under consideration for a period of one (1) year.

B. 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 an employee pending an investigation and/or to immediately discharge an employee as the investigative finding warrant. If the Employer’s action against the employee is found unwarranted the employee will be made whole for all lost wages and benefits.

Section 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 or discipline of an employee, the Employer agrees upon the Unions request to provide client information regarding the incident within five (5) calendar days of receiving the information from the government agency and/or client.

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 will be notified by the employee of any employment action taken pursuant to this Article and upon request, be furnished evidence in support of the action in a prompt and timely manner.

Section 9: Drugs and Alcohol

Employees who test positive for drug or alcohol will be removed from the contact (pending the outcome of an investigation).

Section 10: Weingarten Rights

Subject to, and in accordance with, the National Labor Relations Act, any investigatory interview between an employee and an Employer 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 (the extension cannot exceed 24 hours).

ARTICLE X: GRIEVANCE PROCEDURE

Section 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 provisions 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.

In order to establish effective machinery for a fair, expeditious and orderly adjustment of grievances, the parties agree that in the event any complaint or grievance arises over the interpretation or application of any provision of this Agreement, there will be an earnest effort to settle such complaint or grievances by the following procedure, the last step of which will be binding arbitration. In order to maintain the integrity of the grievance process, and to alleviate the use of the grievance process from becoming an individual's platform, the Union has the responsibility for reviewing and submitting only those grievances that are considered to have validity in its good faith judgment. Union stewards and executive personnel will refrain from conducting business with employees while they are on post. Employees may use their break time for this purpose if the employee so elects. Union agrees to notify Paragon International Site management prior to visiting the Site.

Section 3: Procedures

Informal Step - Employees having a grievance shall promptly discuss it with the Captain or Lieutenant within five (5) working 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 Captain or Lieutenant within seven (7) working days (excluding weekends and federal holidays) after the Informal Step, a Step 1 Grievance shall be filed.

Step 1 - If a satisfactory settlement is not effected in the Informal Step, the grievant, or an authorized

Union representative on behalf of the grievant may, within seven (7) working day (excluding weekends and holidays) s, submit a Step 1 Grievance, in writing, to the Captain (if the Captain discipline). 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 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 Contract Manager or Project

Manager will respond to the grievance, in writing, within seven (7) working days (excluding weekends and holidays) of the date it is submitted, if no meeting is requested, or seven (7) working days (excluding weekends and holidays) of any meeting scheduled . If no response is rendered by the individual indicated above within seven (7) working days after submittal of the Step 1 Grievance, the grievance shall be moved to the next step.

Step 2 - If a satisfactory settlement is not effected in Step 1, the grievant may, within seven (7) working days (excluding weekends and federal holidays) after conclusion of Step 1, submit such grievance to the

Contract/Program Manager. 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 Director of Operations will respond to the grievance, in writing, within seven

(7) working days (excluding weekends and holidays) of the date it is submitted, if a meeting is requested, or within seven (7) working days (excluding weekends and federal holidays) of any meeting scheduled. If no response is rendered by the Director of Operations, the grievance shall be moved to the next step.

Step 3 - If a satisfactory settlement is not effected in Step 2, either party may refer the matter to the

Corporate Level to Labor Relations or designee via email at grievances@parasys.com. The Union’s

President/designee must participate in any meeting. The Director of Operations will respond to the grievance, in writing, within seven (7) working days (excluding weekends and federal holidays) of the date it is submitted, if a meeting is requested, or seven (7) working days (excluding weekends and federal holidays) of any meeting scheduled. If no response is rendered by the Director of Operations, the grievance shall be moved to the next step.

Step 4 - If a satisfactory settlement is not reached in Step 3, the Union may refer the matter for mediation and/or arbitration.

mailto:grievances@parasys.com

Section 4:

Any grievance involving discharge, layoff or suspension begins at Step 3 and must be received within seven (7) calendar days after the occurrence of the facts giving rise to the grievance.

Section 5: Extensions

The Union and the Company may mutually agree to waive the time limits set forth in this Article.

ARTICLE XI: ARBITRATION

Section 1: Arbitrator Selections

If the matter is referred to arbitration pursuant to Article X, Step 4, the Union will request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The parties may mutually select an arbitrator from the list or follow the arbitration rules of the FMCS in selecting an arbitrator.

The arbitrator shall have no authority to add to, detract from, modify or delete any provision of this

Agreement

Time spent by employees at arbitration hearings shall not be paid by the Employer, except that the

Employer retains the right to pay such time for employees it calls as witnesses.

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 stenograph reporter or by other recorded means acceptable to an arbitrator. The expense of arbitration, 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 5: Arbitrator Authority

The arbitrator shall have the provisions of this Agreement to render a decision on any grievance, but shall not have the authority to amend or modify this Agreement. The arbitrator shall determine any question of arbitrability. 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 XII: NO STRIKE AND 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 strike, including sympathy strike, or picketing. It shall be a 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. 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 950 L’Enfant Plaza, SW, & 401 14th Street, SW, Washington, D.C.

ARTICLE XIII: 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 950 L’Enfant Plaza, SW, & 401 14th Street, SW, Washington, D.C. There shall be no posting of literature on these bulletin boards except by the authority of officially designated representatives of the Union.

ARTICLE XIV: SHOP STEWARDS

The Union shall designate no more than one (1) Chief Steward, one (1) Shop Steward. The Union shall notify the Employer of the selection of Shop Stewards within ten (10) days of such selection. Shop Stewards shall not interfere with the management of the business or direct the work of any employee.

Stewards and Union officers shall not interfere with the management of the Employer's business or the work of any employee, but may advise the Employer of any alleged violations of the Agreement. Stewards and Union officers may not interview any employee or otherwise conduct Union-related business with any employee while such employee is on duty, nor shall any employee conduct Union-related business while on duty without permission. Employer property, equipment and office facilities shall not be used to conduct any form of Union-related business without permission. Employees who violate this Article will be subject to disciplinary action.

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.

It shall be the responsibility of the Union to advise the Employer in writing of all changes in the designation of Union Representatives and alternates.

Section 5:

For purposes of this section, an employee may not leave his/her post in order to perform his duties as a Union officer/steward or alternate unless adequate replacement coverage has been arranged or unless approved by the Project Manager.

ARTICLE XV: COURT APPEARANCES

Section 1: Job Related Court Appearances (on behalf of Company/Government)

Court or administrative appearances necessitated by job related occurrences or incidents shall be compensated for fully at the rates specified in this Agreement. The affected employee shall not receive less than the recommended pay. If an employee is called as a witness to a crime on the facility, then he/she shall be compensated for all time spent in testifying or cooperating with prosecuting officers; provided however, that any witness fees tendered to the employee shall be delivered to the Employer

Section 2: Union Court/Arbitration Appearances

However, other court, administrative or grievance procedure and/or arbitration appearances shall not be Employer-paid. Employees will not be compensated for participation in any proceeding in which they are a party in the case (plaintiff or defendant), or where they are appearing as a witness against the Employer, unless required by law.

Section 3: Jury Duty

A full-time employee who has completed his or her probationary period and who is required to report for jury duty shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of five (5) work days; provided, however, in order for the employee to be eligible for compensation, the employee must have notified the Employer within forty-eight (48) hours of receiving the jury duty notice or subpoena.

For each hour of such leave taken, the employee will be compensated by the Employer in an amount equal to his/her straight-time rate of pay (without any supplemental fringe benefit payments), less the amount received by the employee from the court or government agency. No compensation shall be paid by the

Employer for jury duty on Saturdays, Sundays and holidays. Jury service pay will be paid to full-time employees only. The Employer reserves the right to request an exemption or postponement of jury service.

An employee who reports for such service and is excused therefrom shall immediately contact his immediate supervisor and stand ready to report for work, if requested. In order to be paid by the Employer for such leave, the employee must submit to the Employer's Project Manager written proof, executed by the administrator of the court, of having served, the duration of such service, and the amount of compensation received for such service. The Company will provide Jury Duty payment only when written proof is submitted.

ARTICLE XVI: LEAVES OF ABSENCE

Section 1: Union Leave

Upon written request, a leave of absence without pay for a period not to exceed ten (10) days in any calendar year shall be granted to not more than two (2) employees at a time to attend Union conventions and conferences without loss of seniority rights and benefits. The Employer reserves the right to disapprove such leaves of absences, or reduce the number of attendees, due to emergencies or as client/contract operations demand.

Section 2: FMLA

The provision of the Family and Medical Leave Act of 1993 (FMLA), and/or the District of Columbia

Family Medical Leave Act, as appropriate and as amended, will be complied with by the Union and Employer.

Employees will follow the Employer's procedures regarding application for FMLA. The maximum amount of

Leave of Absence time an employee is allowed to take is sixteen (16) weeks in a 12-month period. DC Safe and

Sick Act.

Employees may be eligible for a Leave of Absence for personal or non-FMLA related medical reasons;

contract operations permitting.