70RFPW22RW9000001 with attachments.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/WEST CCG/R9

Auburn WA 98001

400 15th Street SW Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/West CCG/Region 9

CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70RFPW

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/06/2022 1700 ET215-521-3103Nicholas Milillo (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFPW22RW9000001

5. SOLICITATION NUMBER

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

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Nicholas Milillo

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Auburn WA 98001 400 15th Street SW Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

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 WEST CCG (70RFPW)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a Request for Proposals (RFP) for Protective Security Officer (PSO) services at various locations throughout the state of Arizona.

Description of Services: The Contractor shall furnish professional security services, defined in the Statement of Work and contract exhibits, as Protective Security Officer (PSO) and related services, at federally owned, leased, or occupied facilities protected by the Federal Protective

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Paul Metzger

. 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.

Service at various locations throughout the state of Arizona. In furnishing these services, the

Contractor shall provide all necessary management, supervision, personnel, materials, supplies and equipment except as otherwise indicated, and shall plan, schedule, coordinate and ensure effective performance of, and conformance to, all aspects of the statement of work. The Government intends to award a single

IDIQ contract with five-year ordering period.

Task Orders will be issued against this contract.

All offerors are responsible for reviewing each attachment attached to this file. Offerors shall enter their unit price and extended total on the

SF1449.

Period of Performance:Base Ordering Period: 1

June 2022 – 31 May 2027 Period of Performance:

06/01/2022 to 05/31/2027

0001 1850000 HR

0002 20000

PSO Services (Basic and TAS)

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Emergency Security Services

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

HR

RFP 70RFPW22RW9000001

ATTACHMENT 3

PAST PROJECT FORM

1. Name of Contractor

1a. Solicitation Number (i.e. the solicitation your firm is responding to)

2. Complete Name of Government Agency, Commercial Firm, or Other Organization for Which Effort Performed.

3. Complete Address of Entity Named in #2 Above

4. Contract Number or Other Reference

5. Date of Project Award

6a. Total Project Price (to include all options):

6b. Current Annual Estimated Price:

7. Period of Performance (to include all options)

8. Level of Security Clearance Required (If applicable)

(If applicable) Type/Level:

Completion of blocks 9, 10 and 11 is intended to be utilized to assess the rough order of magnitude performed under the contract. The Government reserves the right to utilize any and all information on the Past Project Form including but not limited to hours, dollars, number of posts, number of PSOs as well as the Past Performance Questionnaires and CPARS Assessments to determine magnitude.

9a. Number of Maximum Productive Protective Security Officer Hours Per Year (Note: If ID/IQ contract, provide the maximum post hours available for the most recent one year ordering period):

9b. Number of Actual Productive Protective Security Officer Hours performed for the most recent one year ordering period:

9c. Number of FTE Protective Security Officers utlized to perform the cited hours in 9b:

9d. Were any of the Protective Security Officer hours cited in 9b unarmed? If so, what was the percentage of Unarmed PSO hours per year?

10. Total Number of Posts Manned with the hours identified in 9b

11. Total Number of Facilities Manned with the hours identified in 9b

12a. Technical Point of Contact (name, title, address, telephone no., and email address)

12b. Contracting or Purchasing Point of Contact (name, title, address, telephone no., and email address)

13. Geographic Location of Work (Country, State or Province, County, City)

14. Contractor Performance Assessment Reporting System (CPARS) Completion: CPARS is a web-enabled application that collects and manages contractor performance assessments. A CPAR report is required to be completed annually through the conclusion of the contract. Contractors may view their own data at https://www.cpars.gov/.

Contractor Complete the Following by Checking the Appropriate Box:

□ A “finalized” Contractor Performance Assessment Report IS resident in CPARS for this contract for the most recently completed performance period.

□ A “finalized” Contractor Performance Assessment Report IS NOT resident in CPARS for this contract for the most recently completed performance period.

15. Description of Contract Work. In order to establish the relevance of your project to the instant requirement, please describe the scope, magnitude and complexity of this work, comparing and contrasting it to that required under this solicitation. Additionally, describe any unique or unusual requirements of the contract, and performance problems or issues encountered under the performance of the contract. Include discussion of any previous or ongoing Department of Labor investigations of your firm for Service Contract Act or other labor related violations. For problems/issues noted, describe the method of resolution and/or corrective actions taken. Use a continuation sheet, if necessary.

16. Did this contract require the submission of a subcontracting plan? If so, describe the efforts being made to meet the subcontracting goals contained within the approved plan to include the name(s) of subcontractor(s) used, if any, and a description of the extent of work performed by the subcontractor(s).

Instructions for Completing the Past Project Form

Item1 Insert Name of Offeror

Item 1a Insert Solicitation Number

Item 2 Insert the complete name of the customer, including parent organization. Do not use acronyms.

Item 3 Insert the customer's complete address, including both post office box and street address, if possible.

Item 4 Insert any contract number or other contract reference used by the customer.

Item 5 Insert the date on which the contract came into existence.

Item 6 Insert the price, as it appeared in the original contract inclusive of all option periods. If the contract included multiple, separately-priced items, add the individual item amounts and insert the total price.

Item 6a Insert the current total annual amount

Item 7 Insert the period of performance to include all option periods (if applicable).

Item 8 Annotate whether or not a clearance was required. If applicable, insert the type clearance, i.e. Top Secret, Secret)

Item 9a Insert the maximum number of productive protective security officers hours under the contract on an annual basis. Note: If ID/IQ contract, provide the maximum post hours available for the most recent one year ordering period.

Item 9b Insert the number of Actual Productive Protective Security Officer Hours performed for the most recent one year ordering period.

Item 9c Insert the total number of FTE protective security officers employed to perform the cited hours in 9b

Item 9d Indicate whether or not the hours cited in 9b were unarmed protective security officers. If so, indicate the percentage of unarmed hours per year

Item 10 Insert the number of posts manned with the hours identified in 9b

Item 11 Insert the number of facilities requiring protective security officer services under this contract with the hours identified in 9b.

Item 12a Insert the name, title, address, telephone number, and email address (if available) of the program or project manager, quality assurance representative, or other customer technical representative who is most familiar with the quality of your work under the contract.

Item 12b Insert the name, title, address, telephone number, and email address (if available) of the contracting officer, purchasing agent, or other customer contracting or purchasing representative who is most familiar with your work under the contract.

Item 13 Insert the location(s) where the work was performed, including the country (if other than the United States) and the state or province, county (if applicable), and city. If contract requires protective security officer services at multiple locations, identify all locations.

Item 14 Indicate whether a “finalized” Contractor Performance Assessment Report is resident in CPARS by checking the appropriate box.

Item 15 Describe the nature and scope of the work. The objective is to show how the work that you did or are doing is similar in nature and scope to the work that is to be performed under the contract contemplated by the request for proposal. Describe any unique or unusual requirements of the contract and any problems encountered during the performance of this contract work. Tell your side of the story of any conflicts with the customer concerning which they may make adverse remarks about your performance. Describe any actions that you have taken or plan to take to correct any shortcomings in your performance.

Item 16 Insert the name, address, telephone number, and email address (if available) of the subcontractor(s) used, if any, and a description of the extent of work performed by the subcontractor(s).

August 2020

Arizona ICGE

Building Number Agency Address City Post ID Start Time End Time Hours Per Day Operating Days Relief PSO required during breaks Total Hours per week Total Days per Week Total Days Annual Hours Screener Clearance

AZ5896 OHO 3737 N. 7TH STREET PHOENIX A 07:45

Attachment 6 - Supplement

Instructions for the Price Element Breakdown Template

Introduction

This Price Element Breakdown Template is a Microsoft Excel based pricing tool that provides a standardized format for costing a PSO Firm Fixed Price rate. The template was designed to assist contractors in pricing their proposal. Contractors should only complete those cost elements which apply to their proposal. The cost data provided in these worksheets are considered data other than certified cost pricing data as discussed under FAR 15.403-5(b)(2).

Instructions for Completion

1. The Price Element Breakdown file contains four worksheets entitled “Model for Price Realism”, “Breaks & Lunches”, “Non-PSO Positions”, and “FTEs, Nonproductive Hrs, & OT”.

2. Provide the name of your company and the solicitation number for your submission in the header section of the “Model for Price Realism” worksheet.

3. The “Model for Price Realism” worksheet contains four reference notes near the bottom of the spreadsheet: Note 1 – Rates; Note 2 – Cost for Premium Portion of Estimated Overtime Hours; Note 3 – Health and Welfare; and Note 4 – Fringe Benefits, Non- Productive Time, and Other Direct Element Pricing. These notes provide intructions on completing the “Model for Realism” and, for Notes 1 and 3, require narratives on the bases of estimate for the Rates and Health and Welfare Cost.

4. The offeror shall input the rates, hours, and cost amounts for those line items listed on the “Model for Price Realism” worksheet that apply to the current proposal. Note, the amounts for “Breaks & Lunches” (Row 30) and “Non-PSO Positions” (Row 72) are automatically populated when the applicable supporting worksheets are completed.

5. Row 10 of the “Model for Price Realism” worksheet automatically calculates Total Regular Wage Direct Labor. Total Regular Wage Direct Labor is calculated by multiplying the Regular Hourly Wage Rates Proposed inputted by the offeror in Row 5 by the Total Productive Hours Proposed inputted by the offeror in Row 8.

6. Rows 15, 33, 41, 70, 76, and 80 of the “Model for Price Realism” worksheet automatically calculate applicable totals, therefore data should not be inputted into these rows. Row 82 automatically calculates the Firm Fixed Price hour rate applicable to the inputted data; therefore data should not be inputted into this row.

7. Rows 66-68 provide the option to insert “Other” price elements, which are not included in the standardized listed elements. If including “Other” price elements, insert a description of each element in the applicable worksheet cell. If additional “other” price

Attachment 6 - Supplement

Instructions for the Price Element Breakdown Template elements are needed for the breakdown, please insert new rows under Row 68 and list the additional elements.

8. The purpose of the “Breaks & Lunches” worksheet is to provide specific cost data regarding breaks, lunches, and relief that was included in the offeror’s proposal. The “Breaks & Lunches” worksheet provides detailed instructions on completing the worksheet and required narrative on the offeror’s basis of estimate. Note that the narrative requires that the offeror identify which cost elements from the "Model for Price Realism" worksheet contain the break and relief costs included in each identified element. For example, if the Relief line item from the “Model for Price Realism” includes $1,000 for paid break costs and $200 for Relief Officer travel, the offeror would identify as such in their narrative. If the wages, taxes, and fringe cost elements include $1,200 for the PSO relief costs, such amounts shall be identified in the narrative. The narrative also requires that the offeror detail the basis of estimate for determining the paid break and/or lunch hours priced into the proposal. The “Breaks & Lunches” worksheet will automatically populate to the “Model for Price Realism” worksheet.

9. Cost data for the Non-PSO Positions shall be entered under the “Non-PSO Positions” worksheet as directed by the instructions found on the worksheet. Total costs for the Non-PSO positions identified under the “Non-PSO Positions” worksheet will automatically populate the “Model for Price Realism” worksheet under the Non-PSO Position line item.

10. The purpose of the “FTEs & Non-Productive Hours” worksheet is for contractors to provide the Government with additional information concerning the estimated number of Full Time Equivalent (FTE) PSOs and Non-Productive Hours per FTE proposed. The “FTEs & Non-Productive Hours” worksheet contains detailed instructions on inputting the required information. A narrative describing the basis of estimate for the proposed number of FTEs and Non-Productive Hours per FTE is required in the text box provided.

This worksheet is only for informational purposes to assist the Government in understanding offerors’ proposals. The data inputted on the “FTEs & Non-Productive Hours” worksheet does not automatically populate any cells and is not referenced in any formulas in the other worksheets of the “Price Element Breakdown” workbook.

11. Additional worksheets may be provided to explain any calculations, bases of estimate, or other factors/judgments used to determine the pricing amounts in the template.

12. The worksheet is not locked and may be adjusted by the offeror as appropriate.

U.S. Department of Homeland Security

Federal Protective Service

701 Market Street

Philadelphia, PA 19106

U.S. Department of Homeland Security

Federal Protective Service

701 Market Street

Philadelphia, PA 19106

ATTACHMENT 4

PAST PERFORMANCE QUESTIONNAIRE

Solicitation: 70RFPW22RW9000001

NAME OF CONTRACTOR REQUESTING THE REFERENCE: __________________

The purpose of this questionnaire is to obtain information regarding the quality of the above named Contractor’s past performance relative to a contract, completed or in progress, at your company/agency. The Federal Protective Service is considering this Contractor for Protective Security Officer services at various Federal buildings located in XXXXXXXXXXXXXXXXX. We would greatly appreciate your input regarding the quality of the Contractor’s past performance.

Handwritten responses are sufficient. It is requested that the individual(s) responsible for the administrative oversight of the project (e.g. security specialist, COR, COTR, etc.) respond to this questionnaire. More than one copy of the questionnaire may be submitted if responses from more than one individual are appropriate.

Upon completion of the survey, please email to nicholas.milillo@fps.dhs.gov. We appreciate your efforts on our behalf.

CONTRACT NO. OR PROJECT TITLE: _____________________________________

PERIOD OF PERFORMANCE TO

INCLUDE ALL OPTION PERIODS:_________________________________________

TOTAL PROJECT VALUE TO

INCLUDE ALL OPTION PERIODS: _________________________________________

ANNUAL NO. OF PROTECTIVE SECURITY OFFICER HOURS (Note: If ID/IQ contract, provide the maximum post hours available for the most recent one year ordering period):_________________________________________

If ID/IQ ACTUAL NO. OF PROTECTIVE SECURITY OFFICER HOURS PERFORMED FOR THE MOST RECENT ONE YEAR ORDERING PERIOD: ________________________________________________________

Please provide a brief description of the scope of this project so that we determine any similarities to this contract:

QUESTIONS

PERFORMANCE:

Please provide your comments on the Contractor’s performance in the following areas:

1. How consistent is the Contractor in providing required staffing at each post of duty?

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. How consistent is the Contractor in providing employees who report to duty properly groomed, uniformed, and equipped?

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. How consistent is the Contractor in keeping training records, certifications, and related documentation complete, accurate, and current?

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. Discuss the overall level of professionalism, attentiveness, and bearing of the Contractor's workforce.

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. How effective is the Contractor in identifying potential problems and resolving them on his own?

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6. How effectively does the Contractor respond to problems presented to him by owner and tenant representatives?

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. Discuss the Contractor’s quality control of the project.

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8. Discuss the Contractor’s overall management of the project

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

9. Discuss the Contractor’s ability to seamlessly transition or phase-in under a newly awarded contract (if applicable):

Comments:

10. Discuss the Contactor’s ability to provide the level of supervision sufficient to ensure effective performance by the productive Protective Security Officers over the course of the Contract.

Comments:

11. Did this contract require the contractor to submit a subcontracting plan? If so, has the contractor been making a good faith effort to meet the subcontracting goals contained within the plan? (NOTE: The individual completing this questionnaire may need to contact the cognizant contracting officer in order to ascertain whether the contractor is meeting subcontracting goals.)

12. If you had a choice, would you hire this Contractor again? Why or why not?

13. In summary, would you describe the quality of the Contractor's services and overall performance as:

a. _____ Highly Acceptable – Based on the contractor’s performance under this project, the level of risk associated with this vendor is substantially less than the level expected from a competent vendor.

b. _____ Acceptable – Based on the contractor’s performance under this project, the level of risk associated with this vendor is no more than the level expected from a competent vendor.

c. _____ Unacceptable – Based on the contractor’s performance under this project, the level of risk associated with this vendor is greater than the level normally expected from a competent vendor.

Your Name: ______________________________

Your Position: ______________________________

Company: ______________________________

Telephone No: ______________________________

Fax: ______________________________

E-mail address: ______________________________

August 2020 Version image1.png

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2019-12352 Diane Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 05/11/2021 State: Arizona

Area: Statewide

Employed on HOMELAND SECURITY, DEPARTMENT OF contract for PROTECTIVE SECURITY

SERVICES.

Collective Bargaining Agreement between contractor: PARAGON SECURITY SYSTEMS, and

Page 1 of 2SAM.gov

5/11/2021file:///C:/Users/ktdavis1/AppData/Local/Temp/19/Low/1RYA55UI.htm union: UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, INTERNATIONAL UN Local 356, effective 02/04/2019 through 02/03/2022.

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

Page 2 of 2SAM.gov

5/11/2021file:///C:/Users/ktdavis1/AppData/Local/Temp/19/Low/1RYA55UI.htm

Agreement

Between

PARAGON SYSTEMS, INC

And the

United Government Security Officers of America, International Union

And

Its Local 356

Representing the

PROTECTIVE SECURITY OFFICERS

In The State of Arizona

February 5, 2019 through February 4, 2022

Table of Contents

AGREEMENT

PARTIES AND TERMS

PURPOSE OF THE AGREEMENT

UNION SECURITY & DUES DEDUCTIONS

UNION RIGHTS

MANAGEMENT RIGHTS

NONDISCRIMINATION

HOURS OF WORK

STRIKES AND LOCKOUTS

HOLIDAYS

LEAVES OF ABSENCE

VACATION

Article 13 GRIEVANCE, MEDIATION AND ARBITRATION PROCEDURE

WAGES

HEALTH AND WELFARE BENEFITS

GENERAL PROVISIONS

SENIORITY

SCOPE OF AGREEMENT

AGREEMENT

This Agreement is entered into upon ratification and full execution by the parties, by and between Paragon Systems, Inc. (“Company” or “Employer”), and the United Government Security Officers of America, International Union and its affiliated Local 356 (Union”).

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

ARTICLE 1

PARTIES AND TERMS

Section 1.1 This CBA covers only those security officers employed under Employer’s Contract No. HSHQW9-13-D-00002 with the Department of Homeland Security, Federal Protective Service.

Section 1.2. The Company recognizes the United Government Security Officers of

America, International Union and its Local 356, as the sole and exclusive bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment, for the employees of the Company as described in Section

1.1 of this Article and in accordance with the National Labor Relations Act, as amended.

Section 1.3. For the purpose of this Agreement, the term “Employee” shall include all armed and unarmed Protective Security Officers employed by Paragon Systems performing guard duties as defined by Section 9(b)(3)of the National Labor Relations Act, assigned to Federal facilities and offices in the State of Arizona under the Contract No. listed in Section 1.1, excluding office clerical employees, managerial personnel, supervisors as defined by the National Labor Relations Act, and all other personnel. It is expressly agreed and understood between the parties that neither probationary employees as defined in this Agreement, nor persons enrolled or participating in pre-hire training programs offered by the Company, shall be considered employees under this Section.

Article 1 Section 1.4 Probationary Employees. All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) calendar days from the date of hire or rehire. During the probationary period, employees shall be paid at a rate that is $2.00 per hour less than the straight-time rate set forth in Article 14. During their ninety

(90) day probation period, the employment relationship between the Company and the probationary employee shall be at will and the probationary employee may be subject to discipline or discharge at the discretion of the Company without regard to the grievance or arbitration provisions of this Agreement. Probationary employees do not have seniority until completion of the probation period, at which time seniority dates back to the date of hire. Seniority for Officers hired on the same day will be decided by the last four numbers of their Social Security number, lowest to highest.

ARTICLE 2

PURPOSE OF THE AGREEMENT

It is the intent and purpose of the Company and the Union that this Agreement shall promote and improve industrial and economic relations between the Company and its employees, and to set forth provisions with respect to rates of pay, wages, hours of work and other conditions of employment covering employees of the Company, and to provide a peaceful method of adjusting grievances that may arise in the course of employment between the Employer and the employees with respect to wages, hours, and other conditions of employment and to provide for an orderly collective bargaining relationship between the Company and the Union.

ARTICLE 3

UNION SECURITY & DUES DEDUCTIONS

Section 3.1 In view of A.R.S. §§23-1301- 23-1303, no employee shall be required to become or remain a member of the Union in order to obtain or retain employment with the Company.

Section 3.2 The Parties agree that the Union will inform all employees that the Union is the sole and exclusive Collective Bargaining Agent for the employees in the bargaining unit, and accordingly, they will be represented by the Union for Collective Bargaining purposes. The Union will refer them to the appropriate local Union Representative for information concerning membership check off of Union Dues and, upon request, they will be given a copy of the Collective Bargaining Agreement by the Union.

Section 3.3 The employees will have the right to discontinue dues deduction in accordance with the Dues Check Authorization only if transferred out of the bargaining unit or put in a permanent management position.

Section 3.4 Subject to limitations of state or federal law, the company agrees to deduct from each payroll check the amount of 1/26th of the annual Union membership dues and levied by the Union in accordance with the Union’s constitution and by-laws, each member of the Union who has in effect at that time proper authorization card executed by the employee, authorizing the Company to make such deductions. The Company will be advised by the Union of the exact dollar amount due from each employee and with a one-time initiation fee to be paid by new members entering into the contract, payroll deducted.

Section 3.5 The authorization form shall be provided by the Union. The Company will submit to the Union’s designated official dues withheld in accordance with the authorization. The remittance shall be accompanied by a list showing individual names, dates hired, and amounts deducted. All sums collected in accordance with such signed authorization cards shall be remitted by the Company no later than the fifteenth (15th) day of the following month. The dues and dues list of names of employees who have paid their current monthly dues shall be sent to the International Union unless otherwise informed by the International Union.

Section 3.6 The Union agrees to defend, indemnify, and hold the Company harmless from any action or actions arising out of or related these dues deductions and any of the other provision of this Article. Errors made by the Company in the deductions or remittance of monies shall not be considered by the as a violation of this Article, providing such errors are unintentional and are corrected when brought to the Company’s attention. The Company will not be responsible to collect or deduct dues in arrears.

Section 3.7 Payments for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) days or during periods of permanent transfer to a position not covered by this Agreement. The Union, and not the Employer, will be solely responsible for reconciling and resolving any over or under payments of any dues or fees.

ARTICLE 4

UNION RIGHTS

Section 4.1 Stewards.

A. Recognition. The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize the maximum of four (4) Stewards and four (4) alternate Steward for each shift, plus the Local President, Vice President and Secretary Treasurer.

Within ten (10) business days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within ten (10) business days of such change becoming effective.

B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (I) representation of employees in disciplinary interviews consistent with this Agreement and as permitted under the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing;

and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company’s Project Manager, or his/her designee.

Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline under Article 12 of this Agreement; provided that it is expressly agreed and understood between the Parties that the Company may schedule disciplinary interviews consistent with Section 12.1 of this Agreement during working time.

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

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

ARTICLE 5

MANAGEMENT RIGHTS

Section 5.1 The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company.

The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this Agreement, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment; determine, establish, or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices, or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment to be used in the Company's operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including equipment for new operations; determine the number of hours per day or week that operations shall be carried on;

establish day and night shifts, set the hours of work and the number of employees for such shifts, and from time to time, to change the shifts and the hours of employees thereof; determine the fact of lack of work; make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 5.2. The Company shall have the right at any time to establish, administer or alter the practices or customs of break periods, and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary, except as otherwise set forth in this Agreement.

Section 5.3. The Company shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee's physical and mental ability to perform their job assignment efficiently and safely. The Company will bear all costs associated with all company mandated physical examinations. The Employee will bear the cost of follow-up treatment. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. The Company may promote, demote, lay off, transfer, or discharge said employee as a result of such evaluation. This Section shall be interpreted in accordance with applicable federal and state law.

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

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

Section 5.6 No waiver. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 5.7 The Company agrees to notify the Union, in writing, prior to any changes in policy or work rules affecting the Bargaining Unit Employees, in order for the Union to register any suggestion or objection prior to implementation. This applies to permanent or extended policy or rules and not immediate or temporary policy or rules required to handle imminent or emergency situations.

ARTICLE 6

NONDISCRIMINATION

Section 6.1 The parties hereto agree that there will be no discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, or membership or non-membership in any labor organization, as provided by law. The Company shall give due consideration to qualified Vietnam era veterans and to disabled individuals as provided by law. The Company agrees that it shall comply with all federal and state (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws.

ARTICLE 7

HOURS OF WORK

Section 7.1 Purpose of this Article. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Company.

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

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

Section 7.4 Workday. A workday shall be defined as from 0000 hours until 2400 hours.

Section 7.5 Overtime Work. Employees may be required to work reasonable overtime assignments based on seniority. An employee not excused by the Company from performing assigned overtime, and who refuses to work overtime, will be subject to appropriate discipline. In accordance with Article 14 of this Agreement, opportunity to work overtime shall be provided consistent with the Company's needs and circumstances and must be authorized in advance by the Company.

Section 7.6 Overtime Work. For purposes of this Agreement, full-time employment is defined as thirty six (36) working hours during a work week. Hours worked in excess of 40 hours during a work week will be paid at overtime as discussed in Article 14.

Section 7.7. Officers will sign-in at their scheduled start time and sign-out when they are properly relieved. If an officer is instructed to document an erroneous arrival or departure time then that officer must immediately contact Management without fear of reprisal.

Section 7.8. The Company shall have the exclusive right to establish new shifts in addition to the shifts in effect at the time this Agreement was executed. Any change of shift hours will be discussed with the Union prior to implementation.

Section 7.9. Posts and hours are contingent upon the contractual agreement between the Company and the Government. Any changes of shift hours will be discussed with the Union prior to implementation; however, the Company will have final authority in establishing shifts.

ARTICLE 8

STRIKES AND LOCKOUTS

Section 1 – No Strikes. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company’s operations. It is further understood and acknowledged that it is the intention of the parties that all claims, disputes, or grievances arising under this Agreement be resolved by resort to the grievance and arbitration procedures provided herein. It is therefore agreed that, during the term of this Agreement, there shall be no cessation of work, whether by strike, walkout, lockout, sickout, mass absenteeism, boycott, picketing, or other interference with or curtailment of production of any kind, including sympathy strikes, and that the Union will not cause or permit employees to cause, nor will any member of the Union take part in, any strikes, including a sympathy strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the Company’s or Government’s operations for any reason whatsoever. Nor will the Union authorize or sanction the same.

Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency or any curtailment of work or restriction or interference with the operation of the Company, the Union shall take affirmative action to avert or bring such activity to a prompt termination. During the term of this Agreement, a refusal by an employee or employees to cross a strike line at the employees’ regular place of employment, established by any other labor organization or established by any other group, shall constitute a violation of this Article.

Any employee who violates this provision may be immediately discharged. Furthermore, It is agreed and understood that, in addition to other remedies, the provisions of this Article may be judicially enforced, including specific performance by way of injunctive relief.

Section 2 – No Lockouts. During the term of this Agreement, the Company shall not lockout any employee or the Union.

ARTICLE 9

HOLIDAYS

Section 9.1 Eligibility. All employees will receive paid leave for the following ten (10) holidays (or holiday pay in lieu thereof, if required to work the holiday):

Christmas Day New Year's Day

Martin Luther King, Jr. Birthday President's Day Independence Day Memorial Day Labor Day Columbus Day Veterans' Day Thanksgiving Day

It is expressly agreed and understood that employees shall not be entitled to holiday pay when on leave of absence, including leave taken under state workers' compensation laws.

To the extent permitted by applicable law, employees must work the day before and day after a holiday to receive the holiday benefit, provided the day before and the day after a holiday is not the employee's regularly scheduled day off, or the employee was on a pre-approved vacation day or pre-approved paid personal day

An employee who is requested and agrees to work on any of the above named holidays, but fails to report to work for such holiday shall not receive holiday pay, and shall be subject to discipline.

Section 9.2 Rate of Pay. Full -time employees who are not required to work a holiday shall be paid eight (8) hours pay at his or her straight time rate of pay. A full-time employee assigned to work on a holiday will receive their straight time rate of pay, plus applicable fringe benefits, for all hours worked plus the eight (8) hours holiday pay specified above.

All part-time employees who are not required to work on a holiday shall be paid a proration of the full-time holiday benefit based upon his or her average weekly hours for the previous two

(2) weeks' work. An eligible part-time Employee, assigned to work on a holiday, will receive his or her straight-time wage for all hours worked plus a proration of the full-time holiday benefit up to eight (8) hours based upon their average weekly hours for the previous two (2) weeks work.

Holiday pay that is prorated under this Article shall be rounded up or down to the nearest whole hour.

Section 9.3 The above designated holidays will be paid as follows:

a. All employees covered by this Agreement will receive holiday pay only on the day the holiday is observed by the client. (E.g., if the holiday falls on a weekend and is observed the following Monday, employees will receive holiday pay only for the Monday on which the holiday was observed, not the weekend day upon which it falls.)

Section 9.4 Time paid for but not worked as a Holiday will not be considered as time worked for the purpose of computing weekly overtime.

ARTICLE 10

LEAVES OF ABSENCE

Section 10.1 Court Leave - An 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, for the employee to be eligible for compensation, the employee must have notified the Company within forty-eight (48) hours of receiving the jury duty questionnaire or notice that he or…