70RFP223REC000006 RFP.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

05/01/2023 1400 ET

04/21/2023

Frank Borelli (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP223REC000006

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 four federal facilities in Silver Spring, Maryland.

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-2023-185: Collective Bargaining Agreement between Contractor: BTI Security and Union:

National Association of Special Police and

Security Officers (NASPSO), (Covers MD0205).

CBA-2023-186: Collective Bargaining Agreement between Contractor: Triple Canopy and Union:

International Union, Security, Police and Fire

Professionals of America (SPFPA), (Covers MD0221, MD0236, & MD0289).

The ordering periods are as follows:

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

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)

70RFP223REC000006

task order or task orders is/are issued with a value of $100,000.00 or greater through which the minimum guarantee will then be satisfied. The contractor can only invoice for the minimum guarantee as applied at the contract level if task orders are never issued against the contract and only at the end of the contract’s period of performance. If task 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 2:00 PM EST April 26, 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: 06/01/2023 to 05/31/2028

Ordering Period I: 06/01/2023 - 05/31/2024

0001 PSO Services 132000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

0002 Supervisory PSO Services 10000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

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)

70RFP223REC000006

Ordering Period II: 06/01/2024 - 05/31/2025

1001 PSO Services 132000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

1002 Supervisory PSO Services 10000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Ordering Period III: 06/01/2025 - 05/31/2026

2001 PSO Services 132000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

2002 Supervisory PSO Services 10000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Ordering Period IV: 06/01/2026 - 05/31/2027

3001 PSO Services 132000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

3002 Supervisory PSO Services 10000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Ordering Period V: 06/01/2027 - 05/31/2028

4001 PSO Services 132000 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)

70RFP223REC000006

4002 Supervisory PSO Services 10000 HR

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

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

I.

II.

IV.

V.

A.

B.

C.

D.

AGREEMENT

BETWEEN

NORTH AMERICAN SECURITY, INC

INTERNATIONAL UNION, SECURITY, POLICE AND

FIRE PROFESSIONALS OF AMERICA (SPFPA)

thereof representing the

SECURITY OFFICERS

ofthe

PROTECTIVE SERVICES CONTRACT

at

The National Oceanic Atmospheric Administration 1301,1305, 1315, 1325 East-West Highway, Silver Spring MD and

Census 17101 Melford Boulevard, Bowie MD

Table of Contents

PREAMBLE

ARTICLE 1 - SCOPE OF AGREEMENT

Section 1 - Recognition

Section 2 - Exclusions

Section 3 - Probationary Employees

Section4-Temporary Employees/Temporary Positions

Section5-Temporary Promotions & Transfers

ARTICLE 2- UNION SECURITY & MEMBERSHIP

ARTICLE 3 - DUES CHECK OFF

ARTICLE 4 - NON-DISCRIMINATION

ARTICLE 5 - MANAGEMENT RIGHTS

ARTICLE 6-EMPLOYEE CLASSIFICATIONS

ARTICLE 7 - WORKWEEK AND HOURS OF WORK

Section 1-Workweek & Pay Dates

Section 2 - Scheduling

Section 3 -Breaks

Section 4 - Overtime

Section 5 -Reporting Pay

Section 6

Section 7 Gear up & Gear Down 9

ARTICLE 8 - DISCIPLINE AND DISCHARGE

Section 1 -Just Cause

Section 2 -Procedure

Section 3 - Denial of Access

AR TI CLE 9 - GRIEVANCE PROCEDURE ........................................................................... l 0

Section 1 - Definition

Section 2 - Procedure

Section 3 -Extensions

ARTICLE l0-ARBITRATION

Section 1-Arbitrator Selection

Section2-Arbitrator Authority

ARTICLE 11 - NO STRIKE AND NO LOCKOUT

ARTICLE 12 - BULLETIN BOARD

NAS and SPF PA at NOAA Buildings 2019-2022 2

ARTICLE 13-STEWARDS

Section 1 -Designation

Section 2 - Authority

Section 3 -Unavailability

ARTICLE 14-C OURT APPE ARANCE S

ARTICLE 15 -JURY DUTY

ARTICLE 16 -LEAVE S OF ABSE NCE

Section 1-FMLA

Section 2-Personal Leave Without Pay

Section 3 - Bereavement Leave

Section4-Military Service

Section 5 -Sick/Personal Leave

ARTICLE 17 - WEAPONS

ARTICLE 18 -SENIORITY

Section 1 -Seniority Lists

Section 2 -Scheduled Overtime

Section 3 -Pennanent Position Openings

Section 4 - Promotions

Section 5 -Reduction in Force

Section 6-Layoff and Recall

Section 7 -Loss of Seniority

Section 8- Shift and Post Reassignments

ARTICLE 19 -VOLUNTARY QUITS

ARTICLE 20-TRAINING AND REQUALIFICATION

AR TIC LE 21 - UNIFORMS

ARTICLE 22 - SUCCESSORSHIP

ARTICLE 23- SUPERVISORS WORKING

ARTICLE 24- HOLIDAYS

ARTICLE 25- VACATION

AR TI CLE 26 - HEAL TH AND WELFARE

ARTICLE 27 - 401(k)

ARTICLE 28 -WAGES

ARTICLE 29 -GOVERNMENT SUPREMACY

AR TI CLE 30 - SE P ARABILITY AND SA VIN GS CLAUSE

NAS and SPFPA at NOAA Buildings 2019-2022 3

ARTICLE 31 - DURATION OF AGREEMENT

NAS and SPFPA at :l\OAA Buildings 2019-2022 4

PREAMBLE

This Agreement is entered into as of this 29th day of June 2019, by and between North American Security, Inc., hereinafter referred to as the "Employer" and the INTERNATIONAL UNION, SECURITY, POLICE AND FIRE PROFESSIONALS OF AMERICA (SPFPA), hereinafter referred to as the "Union." The Agreement is effective July 1, 2019 and continues to June 30, 2022.

ARTICLE 1 - SCOPE OF AGREEMENT

Section 1 - Recognition

The Employer recognizes and acknowledges that the Union is the sole and exclusive bargaining agent for all full time and regular part-time security officers at 1301,1305, 1315, 1325 East-West Highway, Silver Spring Maryland and 17101 Melford Blvd, Bowie MD (the "Client" or the "Government").

Section 2 - Exclusions

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

Directors of the Employer, the Project Manager, non-guard employees, and managerial employees as defined by the National Labor Relations Act. Supervisors will not perform bargaining unit work except in the case of emergency ( defined as a situation that is neither foreseeable to, nor under the control of the Employer) and training.

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 (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 7 and 8 of this Agreement. This period may be extended an additional ninety (90) days by mutual agreement of the Union and the Employer.

All other provisions of this Agreement are applicable to probationary employees.

Section 4-Temporary Employees/Temporary Positions

The Employer shall have the right to hire temporary employees to man temporary positions, who shall be excluded from the seniority provisions of Article 16 of this Agreement, for a period not to exceed in the aggregate three (3) months when requested to do so by the Government in writing and when the employees are so informed at the time of hire. The said three (3) month period referred to in the preceding sentence may be extended for up to an additional three (3) month period at the written request of the Government.

Section 5-Temporary Promotions & Transfers

When an officer is promoted to a temporary position, the promotion becomes pem1anent after ninety (90) days, unless there is mutual consent to do otherwise. When transferred outside the Bargaining Unit, employees will keep all contractual benefits upon return provided that the temporary assignment does not exceed ninety (90) days.

NAS and SPFP A at NOAA Buildings 2019-2022 5

ARTICLE 2 - UNION SECURITY & MEMBERSHIP

All officers, assigned to the employment sites herein referenced, hereafter employed by The Employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31 st

) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

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

Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v.

General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the officer, and the Employer will not be required to discharge that employee.

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

ARTICLE 3 - DUES CHECK OFF

The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet, including the names, addresses, social security number and local union number of officers and the amount of dues deducted from each shall be remitted to the Secretary/Treasurer of the

NAS and SPFPA at NOAA Buildings 2019-2022 6

International Union (SPFPA) within fifteen (15) days after the first regular payday of the month.

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

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

ARTICLE 4 - NON-DISCRIMINATION

The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, marital status, or because of their involvement in, or refraining from, participating in Union activities except as required by Article II of this Agreement.

ARTICLE 5 - MANAGEMENT RIGHTS

Subject only to such limitations as may be specifically imposed by this Agreement, the Union recognizes that the management of the business and direction 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 its facility, to determine the type of services performed, to establish reasonable quality and performance standards, and the most efficient means of providing service, to require from every employee compliance with established operating procedures, to formulate and enforce appropriate Employer rules and regulations, now in effect, or hereinafter enacted, if not covered by the provisions of this Agreement, to hire, suspend, promote, demote, transfer, discharge or discipline for cause, or relieve employees from duty because of lack of work, client or Government request, or for other legitimate reasons, to maintain discipline and efficiency of employees, to judge skill, ability, and physical fitness, and to create, eliminate, or consolidate job classifications, to control and regulate the use of all equipment and other property of the Employer and to subcontract work which would otherwise be performed by the employees subject to this Agreement at the convenience of the Government.

The above-mentioned rights reserved to management are not intended to deny or limit the Employer in other managerial rights which are not covered by this Agreement and which were previously exercised.

ARTICLE 6 - EMPLOYEE CLASSIFICATIONS

Employees who are classified as "full-time" and who are regularly scheduled to work thirty two

(32) hours to forty ( 40) hours per work week shall be considered as "full-time."

Employees who are classified as "part-time" and who are regularly scheduled to work less than

NAS and SPFP A at NOAA Buildings 2019-2022 7 thirty two (32) hours per work week shall be considered as "part-time".

The use of any pronoun for gender herein shall apply to both males and female.

ARTICLE 7 - WORKWEEK AND HOURS OF WORK

Section 1-Workweek & Pay Dates

The workweek shall be from 0001 hours Saturday until 2400 hours Friday. Wages shall be paid bi-weekly on Tuesday in the next week following the end of the pay period. Should, during the term of this Agreement, the Employer require to change the start day of the workweek, the Employer shall meet with the Union to review such change.

Section 2 - Scheduling

The hours of work of employees shall be scheduled by the Employer at least two (2) weeks in advance except in circumstances beyond the Employer's control. Where the agency contract requirements permit, the Employer shall attempt to schedule permanent full-time employees for at least eight (8) hour shifts whenever possible.

Section 3 - Breaks

Through the duration of this Agreement, covered employees working an eight (8) hour shift shall receive two paid 15 minute breaks and one (1) thirty (30) minute unpaid lunch break in accordance with applicable and binding contract with the Government.

Section 4 - Overtime

Overtime is to be paid at the rate of one and one-half (1 1/2) times basic hourly straight time rate. Overtime shall be paid to employees for work performed in excess of forty ( 40) hours in a pay week. A work day shall be defined as from 0001 hours until 2400 hours. There will not be any pyramiding of hours worked. Paid vacation or holiday time shall not be counted as hours worked in the calculation of overtime. The 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.

In the event that the Employer has advance knowledge of twenty-four (24) hours or more that overtime will be required, such work will be offered consistent with seniority whenever possible. When the Employer has an unanticipated exigent need to provide coverage, the Employer shall have the right to require an employee who normally performs the work to remain on duty until relieved and/or to require an available employee to provide such coverage, as conditions warrant, while the Employer continues to actively seek relief for the officer who was held over. The Employer agrees to utilize a policy that rotates offers of overtime among employees. The Employer will compile a listing of employees who volunteer for overtime as hours becomes available. Any employee on the listing of overtime volunteers who declines an offer of overtime on two (2) occasions will be removed from such listing immediately.

Section 5-Reporting Pay

An employee called in outside his/her regular work schedule shall be guaranteed a minimum of

NAS and SPFPA at NOAA Buildings 2019-2022 8 four (4) consecutive hours of work or pay in lieu thereof if he/she reports to the site without being contacted my management and told not to report. Employees must provide a minimum of four hour notice to call off work, Section 6

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

Section 7

Guard Mount/Gear up Gear down, will be held ( 15) minutes prior to every shift. Failure to attend guard mount in its entirety will be considered tardiness/and or abandonment and may result in progressive discipline. Each officer will be paid (15) minutes of Gear up and paid (15) minutes of Gear Down per shift, for a total of thirty (30) minutes per shift

ARTICLE 8 - DISCIPLINE AND DISCHARGE

Section 1 - Just Cause

No employee shall be disciplined or discharged except for just cause. The Employer shall notify an employee of its intention to impose discipline or to discharge the employee within 7 business days after management has actual knowledge of the incident on which the proposed discipline or discharge is based. The Employer shall attempt to conduct a confidential investigation of the circumstances of the event(s) giving rise to possible disciplinary action, including meeting with the employee, who shall have the right to be accompanied by a shop steward if so requested by the employee. An employee discharged for just cause shall be entitled to receive any earned but unused leave. All discipline shall be void if the Company exceeds 7 business days with having prior knowledge of an incident without taking action within the specified timeframe.

Section 2 - Procedure

The Employer shall employ a system of progressive discipline pursuant to the Employer's established policies and procedures. These steps will be used in a progressive manner consistent with the severity of the policy violation and/or performance problem. However, the Company reserves the right to skip any step, in whole or in part, and move immediately to any further step, including termination after suspension and investigation, as it deems necessary. Consequently, no employee may rely on these guidelines as "promises" or "agreements" by the Company to impose the discipline contained in the guidelines in any situation or prior to termination.

Termination may occur without use of progressive discipline and without prior notice.

The disciplinary procedure, applicable to offenses which do not constitute gross misconduct, relate to progressive discipline solely for each specified offense. Any offense that is more than twelve (12) months old shall not be considered in the above described progressive disciplinary procedure and expunged.

l. Verbal

2. Written Warning & Conference

3. Suspension of (1) day

4. Suspension not to exceed (3) days

5. Discharge

NAS and SPFP A at NOAA Buildings 2019-2022 9

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

Section 3 - Denial of Access

Notwithstanding the provisions of this Article 7, any employee who is denied access or not granted a security clearance that is required by the Client shall be discharged without recourse to grievance or arbitration procedures. If the Client denies access, Employer will provide the Union with a copy of the written denial of access from the Client when available; Employer shall make a request for a written copy if one is not otherwise provided.

ARTICLE 9 - GRIEVANCE PROCEDURE

Section 1 - Definition

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.

Section 2 - Procedure

Step (1) - Employees having a grievance shall take it up with the Supervisor within fifteen (I 5) working days from the time that the grievance arose; or five (5) working days from when the grievant and/or Union became aware ( or should have become aware) of the facts giving rise to the grievance. This grievance shall be in writing and set forth the date and time of the occurrence.

Upon the request by an Employee, a shop steward shall be included in all discussions regarding the grievance. Employees participating in grievance activity as grievant, shop steward, or witness shall be granted up to two (2) hours administrative leave without pay for such participation during a pay period. Titls time shall relate to on or off-site handling of a grievance. If no response is rendered by the Supervisor within seven (7) working days after submittal of the grievance in Step (I), the grievance shall be deemed granted and the remedy requested implemented. If the grievance is resolved, a complete report signed by both parties shall be submitted to the Employer and Union and the grievance shall be considered concluded.

Step (2) - If a satisfactory settlement is not effected in Step (1 ), the grievant, or an authorized Union representative on behalf of the grievant, may within ten (10) working days after the conclusion of Step (1) submit such grievance, in writing, signed by the grievant or the Union's representative, to the Project Manager or designee. if no response is rendered by the individual indicated above within five (5) working days after submittal of the grievance in Step (2), the grievance shall be deemed granted and the remedy requested implemented. if, within five (5) 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) working days after submission of the grievance in Step (2). If no response is rendered within the said ten (10) day period, the grievance shall be deemed granted and the remedy

NAS and SPFPA at NOAA Buildings 2019-2022 10 requested implemented.

In the event that the employee's second level supervisor and immediate supervisor are the same person, the grievance shall proceed from Step (1) directly to Step (3).

Step (3) - If a satisfactory settlement is not effected in Step (2), the grievant may, within five (5) working days after conclusion of Step (2), submit such grievance to the Vice President of Government Operations. If no response is rendered by Vice President of Government Operations within ten (10) working days after submittal of the grievance in Step (3), the grievance shall be deemed granted and the remedy requested implemented. Either party may request in writing a meeting with the other party to discuss the grievance, but such meeting shall not extend the time period provided in this step.

Any grievance 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 within (10) working days after submittal of the grievance to the Union, the grievance shall be deemed granted.

Step (4) - if a satisfactory settlement is not effected in Step (3), either party may refer the matter to arbitration.

Section 3 - Extensions

Any grievance not processed in accordance with any of the time limits and/or steps of the grievance procedure prescribed above shall be deemed waived. Extensions of these time limits may be 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 holidays observed pursuant to the Appendix of this Agreement.

ARTICLE 10 - ARBITRATION

Section I -Arbitrator Selection

If the matter is referred to arbitration pursuant to Step ( 4) of Article 9, either party shall request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. The parties shall select from this panel a single arbitrator by alternatively striking names from the panel until one name remains. The party to make the first strike shall be determined by the toss of a coin. The parties may agree to obtain a list of arbitrators from the American Arbitration Association in any particular case.

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 arbitration), shall be borne equally by both parties but the cost of any other transcript shall be born totally by the party ordering it.

Section 2 -Arbitrator Authority

The arbitrator shall have the provisions of this Agreement to render a decision on any grievance, but

NAS and SPFP A at NOAA Buildings 2019-2022 11 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. Awards may or may not be retroactive, depending upon the determination of the equities of each case. Absent extraordinary circumstances, back pay awards shall not include reasonable interest. The decision of the arbitrator shall be final and binding on the parties and shall not be inconsistent with the terms of this Agreement.

In the event of any arbitration involving an issue which involves rights of employees or the Union which are secured by federal or state statute, the parties agree that any period of limitations shall be deemed to be tolled during the pendency of the arbitration process.

ARTICLE 11 - 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, picketing, or work action. It shall be a violation of this Agreement, and it shall be cause for discharge or suspension in the event 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, leafleting, 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 labor disputes involving other employee organizations at each location.

ARTICLE 12 - BULLETIN BOARD

The Union shall provide an appropriate bulletin board exclusively for the use of the Union for the posting of notices, such as, but not limited to:

Notices of Union recreational and social affairs;

Notice of Union elect ions;

Notices of Union appointments and results of Union elections;

Notices of Union meetings;

Union updates of negotiations.

There shall be no other distribution by Employees of notices, pamphlets, hand billing, leafleting, advertising, or political matters in the work areas.

The Employer has no say in the use of the bulletin board except in order to maintain proper decorum or when directed by the Government.

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ARTICLE 13 - STEWARDS

Section 1 - Designation

The Union shall designate no more than two (2) Steward per 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. Stewards will be limited, in the aggregate, to two (2) hours per pay period if needed at the Union's expense, to conduct their on-site duties; said time to be coordinated with the Project Manager or his/her designated representative.

Section 2 - 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 provisions of this Agreement and the transmission of such messages and information which shall originate with and are authorized by the Union or its officers. Time spent by Stewards with regard to the investigation and processing of grievances shall be unpaid.

Section 3 - Unavailability

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.

ARTICLE 14 - COURT APPEARANCES

Court or administrative appearances 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. 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, unless requested by the Employer.

ARTICLE 15 - JURY DUTY

Bargaining unit employees shall be eligible for up to fifteen (15) days of paid leave to serve on a jury. 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.

Proof of jury service must be provided to the Employer. Jury duty days shall not be cumulative, nor shall they be paid if not used. This benefit shall be paid upon the base hourly straight wage rate of the employee, based on hours missed per day, less all amounts received by the employee from any court or government agency to serve on a jury.

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ARTICLE 16 - LEAVES OF ABSENCE

Section 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 (as applicable). Eligible non-probationary employees will be granted unpaid leave in accordance with federal and other applicable FMLA requirements for their own serious illness, for the birth or adoption of a child, or the care of a seriously ill child, spouse, or parent.

Section 2 - 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 and length of the desired leave, will be granted. Neither seniority nor benefits shall accrue during such personal leave. Employees on leaves 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, an employee shall be scheduled to report to his former job if it is available or as opening become available. If no job is available on the employee's former shift or former site, he may be put on any shift or site, but will be returned to his former shift or site as soon as an opening is available, consistent with the Employer's scheduling needs. The Employer shall not unreasonably deny an employee's request to return to his former shift or site. If an employee exceeds thirty (30) days without approval form the Employer, he/she may be assigned at the Employers sole discretion.

Section 3 - Bereavement Leave

Bargaining unit employees shall be eligible for up to three (3) days of paid bereavement leave for purposes of attending, on a day normally scheduled to work, the funeral of a parent, step parent, foster parent, spouse, domestic partner, child, sibling, grandparent or grandchild. The employee must provide his/her immediate supervisor with at least twenty-four (24) hours prior written notice, whenever possible, of the need for funeral leave in order to be paid for this benefit. Proof of death, (i.e. obituary or funeral service program) must be provided to the Employer upon the employee's return to work. Bereavement days shall not be cumulative, nor shall they be payable if not used. This benefit shall be paid based upon the hourly straight time wage rate of the employee, in accordance with the amount of hours worked on the day(s) covered under this Section. The Employee may be afforded the opportunity to take two additional (2) days of unpaid bereavement if the leave destination exceeds 100 miles. Usage of earned unused sick leave and/or earned vacation may be used voluntarily by the Employee to mitigate the 2 unpaid days.

Section 4-Military Service

Employees enlisting or entering the military service of the United States pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act and amendments thereto shall be granted all rights and privileges provided by that Act.

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Section 5 - Sick/Personal Leave

Bargaining unit employees with one year of service shall earn and be eligible for eight (8) paid sick/personal leave days per full government contract year.

Part-time employees shall receive a prorated benefit, based upon hours worked in the previous year. New employees may not use Sick/Personal 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 employee's immediate supervisor and shall be taken in no less than one (1) hour increments.

Any employee who is unable to report to work because of sickness shall notify the Employer at the least two (2) hours prior to the beginning of his/her regular shift or as soon as possible.

Earned sick leave will be paid to each employee at the employee's base hourly rate of pay at the time earned and shall be paid on the payroll immediately following the sick leave. Unused sick leave shall be paid to the employee at his/her base wage hourly rate of the earned amount within forty-five (45) days after the end of the calendar year. Employees may earn a maximum of sixty four (64) hours of sick leave. Employees will be compensated for all earned sick leave upon termination of their employment.

A note from a doctor shall not be required for sick leave of less than two (2) consecutive days unless, (i) as a result of a pattern of absences by the employee, (ii) the Employer has reason to suspect that the employee is not sick, or (iii) all of the then earned sick leave has been used.

ARTICLE 17 - WEAPONS

The Employer agrees to implement a regular maintenance program for all Employer-owned weapons. Pursuant to this program, weapons shall be checked, cleaned, and, if necessary, repaired or replaced at least once every six (6) months. Employees have the obligation to ensure that their weapons are at all times in proper working order. If an employee has knowledge that his or her weapon is not in proper condition, the employee shall immediately report this to his or her supervisor for investigation.

ARTICLE 18 - SENIORITY

Section 1- Seniority Lists

The Employer shall maintain a seniority list for all regular full-time and part-time employees employed by the Employer at each location. The Employer shall furnish the Union with copies of such lists at least once every six (6) months, or as requested by the Union. Seniority shall be defined as the length of service on the government contract without any break in service.

Section 2 - Scheduled Overtime

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. In the event that the

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Employer has advance knowledge of twenty-four (24) hours or more, such work will be offered consistent with seniority whenever possible. When the Employer has an unanticipated exigent need to provide coverage, the Employer shall have the right to require an employee who normally performs the work to remain on duty until relieved and/or to require an available employee to provide such coverage, as conditions warrant. The Employer shall actively seek relief for the employee who is held over. Such overtime work shall follow a rotation among employees as detailed in Section 7, Article 4

Section 3 - Position Openings

As positions open, notice shall be posted. Employees shall have seven (7) days within which to bid.

First preference shall be given to the employee with the most skill, ability; however seniority shall serve as first priority if both employees are equal. The successful bidder's prior position may then be bid. The following opening(s), if any, may then be assigned by the Employer using the same process.

Section 4 - Promotions

In the event that a higher level job becomes available, first preference for such job shall be given to the most qualified employee currently employed at each location with the most skill, seniority first, and ability. For the purposes of this section, a qualified employee is an employee who possesses work experience relevant to the higher level position, who has demonstrated the ability to lead and effectively interact with fellow employees, who has a good attendance and employment record, and who has the requisite permits and security clearances required for the job. If the most senior and qualified employee declines the promotion, such position shall be offered to the next most senior and qualified employee, and so forth, taking into account seniority first whenever all other such considerations are equal.

If an employee who has been promoted is determined by the Employer, within ninety (90) days of his or her promotion, to fail to satisfactorily fulfill the requirements for the position to which he or she was promoted, such an employee shall be demoted to his or her original or similar position in the bargaining unit at the employee's prior site or other site and shall receive the appropriate rate of compensation for such lower position. Time spent as a supervisor shall not count toward a unit employee's seniority.

Section 5-Reduction in Force

In the event that the work force at each location shall be reduced for any reason, the employees with the least seniority shall be laid off first. Shift reassignments shall be by bidding. Full-time employees may bid to return on a part-time shift and be transferred to a full-time position when one becomes available, consistent with the Employer's scheduling needs and the provisions of this Agreement. A full-time employee may decline recall to a part-time position and remain on the recall list at the option of Employer.

Section 6-Layoff and Recall

As jobs become available at each location, employees shall be recalled in order of their seniority at the facility, where qualified. Probationary employees who have been laid off have no recall privileges.

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In the event of a layoff, seniority does not continue to accrue. An employee shall retain the seniority which he or she possessed at the time of the layoff except as provided below.

Section 7 - Loss of Seniority

In the event the Employer loses its contract to provide services at each location, the Employer will have no obligation with regard to this Section after the tennination of its contract. Except as is provided below, an employee who is laid off for reasons other than the Employer's loss of contract to provide services at each location will retain his or her seniority for sixty (60) days.

An employee's seniority with the Employer shall be broken if the employee: voluntarily quits;

retires; is discharged for cause; is absent from work for two (2) consecutive working days without notifying the Employer of the reason for his absence before the close of the two (2) day period, unless there was an emergency recognized by Employer which prevented the employee from properly notifying the Employer, or fails to return to work from layoff within five (5) working days after the mailing of notice of recall by the Employer.

In the event that an employee is laid off for reasons other than the Employer's loss of contract, the Employer shall, within thirty (30) days of the layoff, determine if the employee is qualified for work at another job site, and, if so, offer the employee the opportunity for a transfer.

An employee's seniority shall not be broken by a lay off due to an employee's efforts at re qualification pursuant to Article 19.

A laid off employee who is recalled shall be sent notice of recall by certified mail. If such employee does not respond within five (5) business days of the Employer's sending such certified mail, or the employee refuses such offer, the employee will be deemed to have voluntarily quit., even if the notice is returned as undeliverable. An employee who has voluntarily quit or otherwise been terminated has no right to recall.

Section 8 - Shift and Post Reassignments

In the event the Employer determines it is necessary to rotate employees among posts, every reasonable effort shall be made to assign employees during the same shift in which they worked, The Employer will make every reasonable effort consistent with its business needs to assign employees in such a manner as will not disrupt established child care arrangements as well as family. Assignments are to be made in an unbiased manner and in accordance with seniority to the extent possible.

ARTICLE 19 - VOLUNTARY QUITS

An employee shall be deemed to have voluntarily quit employment with the Employer if:

The employee accepts employment in a management or supervisory capacity with a competitor of the Employer at the same time while he or she is employed by the Employer, or otherwise fails to report for duty as scheduled by the Employer, while simultaneously remaining an employee of a competitor of the Employer, voluntarily quits.

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The employee fails to report for work within forty-eight ( 48) hours of the beginning of his/her scheduled shift after the expiration of a leave of absence without a telephone call or other explanation, unless there was an emergency recognized by Employer which reasonably prevented the employee from properly notifying the Employer.

The employee fails to report for work for two (2) consecutive days without telephoning or otherwise notifying the Employer, unless there was an emergency which reasonably prevented the employee from properly notifying the Employer.

The employee fails to respond within five…