HSHQW8-17-R-00004_-_P0005.pdf

5.2 Medical and Physical Qualifications

5.2.1 General Information

5.2.1.1 The Contractor is solely responsible for complying with the provisions of the Americans with Disabilities Act of 1990, (42 USC 12101 12213), Rehabilitation Act of 1973, (29 USC 790 794), and applicable Occupational Safety and Health Standards (OSHA) (29 CFR 1910).

5.2.1.2 The Contractor is solely responsible for ensuring PSOs are able to perform essential functions described within this SOW, with reasonable accommodation, if applicable. If reasonable accommodations are requested, the Contractor shall provide the information, in full detail, to the COR for review.

5.2.1.3 The COR shall review all reasonable accommodation documentation to ensure a PSO is capable of performing essential functions without creating a safety or security hazard/risk to self or others.

5.2.1.4 The PSO shall meet all medical and physical standards as prescribed in this contract.

5.2.1.5 The Contractor shall be responsible for removing Contractor Employees that do not meet all medical and physical standards and that are deemed incapable of performing essential duties and functions, as prescribed in this contract.

5.2.2 Pre Employment Examinations

5.2.2.1 The Contractor shall

Exhibit 12, Physician's Certification - PSO Medical Examination and Physical Abilities Test.

5.2.3 Drug Screening

5.2.3.1 PSOs shall submit to a urine drug screening as part of initial pre employment process regardless of PSO’s past employment with a different vendor, random and Government requested urine drug screenings throughout the contract period and at least every three (3) years.

5.2.3.2 Drug screenings shall conform to current U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Mandatory Guidelines for Federal Workplace Drug Testing Programs.”

5.2.3.3 The Contractor shall use laboratories listed on SAMHSA’s “Current List of Laboratories Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies.”

5.2.3.4 The Contractor shall not permit an applicant/employee to take multiple urine drug screenings in order to receive an acceptable reading.

5.2.3.5 The Contractor shall perform random drug screenings of 1% of all PSOs assigned to this contract monthly.

Page 66 of 568REVISED - P000

Exhibit 10 Contractor-Provided Equipment

The contractor will provide all security officers, including part-time and reserve officers, with their own pistol. Select the firearm that will be used:

Caliber 9mm Calibe r .40 S&W

Caliber .38 Special Caliber .357 SIG

Specifications

1. Caliber 9mm

The overall size shall not exceed 7.5” long, 5.5” high, and 1.5” wide and weigh no more than 30

oz. excluding the magazine. The caliber authorized is 9MM and not any larger. The magazines (three for each pistol) shall hold a minimum of 10 rounds and not more than 17. The pistol must be able to be fired without a magazine inserted into the weapon. The magazine must fall free (unloaded) when the magazine catch is activated. The double action only trigger pull must not weigh more than 12 pounds and not less than 5 pounds. The pistol may be either a traditional double action only or a striker fired design.

The pistol shall have a dark corrosive resistant finish and must be must be capable of being fired without the manipulation of an external safety or cocking lever. Passively operated grip or trigger safeties are acceptable. The normal function of the pistol shall be double action only. The pistol must be operable by a right or left-handed user. The use of a polymer-framed pistol is acceptable. There is not a requirement for an all-metal firearm.

All safeties must be internal or passive. An inertial interlocked firing pin will be the primary safety to positively prevent movement of the firing pin unless the trigger is pulled completely through its entire length of travel.

The sights must be drift adjustable and be luminous night sights, one (1) dot on the front sight, and two (2) dots on the rear sight, which appear as three (3) illuminated dots when the weapon is held at arm’s length. The illuminated dots must not be visible when viewed from the muzzle end of the pistol. The color of the illuminated dots must be green. The illumination materials for the night sight must comply with Nuclear Regulatory Commission standards.

The following pistols are recommended:

Smith & Wesson M&P 9 MM; 5900 Series in DAO 9MM Glock 17 & 19 9MM SIGARMS Sigpro 9MM; P226 and P228 in 9MM DAO Steyr M Series 9MM Springfield Armory XD in 9MM

Ammunition type is authorized:

110- 147 grain Jacketed Hollow Points. (If local statutes permit)

X

REVISED - P000

evaluate the technical proposals of all offerors under this RFP. The government will first review the total evaluated price of all proposals received. The technical proposals of those offerors whose pricing is determined by the Contracting Officer to be most competitive may be reviewed prior to, or instead of, other technical proposals received. Based on the initial review of these technical proposals, the government may not evaluate the technical proposals of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible technical adjectival rating. This would occur when the Contracting Officer determines that one or more of the technical proposals already reviewed is of such a level of quality that it would not be in the interest of the government to incur cost beyond the price of the technical proposals already reviewed.

Proposal Submission Requirements

2. Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFP the Contractor must use the Standard Form 1449 as a cover page to the proposal.

Proposals shall be comprised of TWO (2) separate sealed envelopes. The first envelope shall contain five (5) copies of the technical (non-price) submission. Please note that three (3) of the five (5) copies of the technical submission (specifically the Management Approach) shall be redacted to remove any reference to the company name, logo, key personnel, etc. This includes pages, covers, headers, footers, pictures, etc. of the technical submission. Past Performance shall be provided under a separate cover and should not be redacted. The second envelope shall contain the original and one copy of the pricing submission and all other documents required by the solicitation (e.g. SF 1449, Pricing Schedule, Price Element Breakdown, Disclosures, Representation & Certifications, Subcontracting Plan (if applicable), etc.). See Attachment 9, Proposals Submission Checklist for more information. The third envelope shall contain a CD containing a saved electronic copy of the offerors Management Approach (in Microsoft Word or equivalent format) and the offerors Pricing Schedule and Price Element Breakdown (in Microsoft Excel or equivalent format). All of these envelopes should then be sealed in a fourth envelop that clearly identifies the RFP for which it is being submitted and mailed to the address below:

DHS/NPPD/FPS

West Consolidated Contracting Group ATTN: Rachel Kalac

3.

1. This item is intentionally left blank as there is no Secret/Top Secret clearance requirement at this time.

REVISED - P0005 Page 532 of 568

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-2017-10721

Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 10/27/2017 State: Montana

Area: Yellowstone

Employed on WCCG, FPSAD, NPPD, Department of Homeland Security contract for Protective Security Officers Armed Guards.

Collective Bargaining Agreement between contractor: Between American Eagle Protective Systems, Inc, and union:

The International Union, United Government Security Officers of Local 239, effective 2/1/2018 through 1/31/2021.

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 1 of 1CBA WD

10/30/2017https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2017-10721

REVISED - P0005, CBA 2017-10721, R0 for Billings, MT

AGREEMENT

Between American Eagle Protective Systems, Inc

And

The International Union, United Government Security Officers of

America (UGSOA) and its Local 239

February 1, 2018 - January 31, 2021

AGREEM ENT

This Agreement is entered into this 1st of February 2018, by and between American Eagle Protective Services, Inc., ("Company" or "Employer"), and the United Government Security Officers Of America (UGSOA) and its Local 239 ("Union").

Should there be any conflict between the American Eagle Protective Services Policies and Procedures and the Collective Bargaining Agreement, the Collective Bargaining Agreement will control. Should there be any conflict between the Contract between American Eagle Protective Services and the Government, and the Collective Bargai ning Agreement, the Contract between American Eagle Protective Services and the Government will control.

ARTICLE 1

PARTIES AND TERMS

Section 1.1: This agreement shall become effective on February 01, 2018, and shall continue in full force and effect through and until M idnight January 31, 2021.

Section 1.2: The Company recognizes the UGSOA and its Local 239, as 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 employm ent, for the employees of the Company as described in Section 1.2 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 security officers employed by American Eagle Protective Services performing guard duties as defined by Section 9(b)(3) of the National Labor Relations Act, assigned to Federal facilities in Montana under the Company's contract # with the Govern ment, excluding office clerical employees, managerial personn el, 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 trai ning programs offered by the Com pany, shall be considered employees u nder this Section.

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 one hundred twenty (120) days from the date of hire or rehire. Du ring their probationary 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 provisions of Article 12 of this Agreement. Probationary employees do not have seniority un til completion of the probation period, at which time seniority dates back to the date of hire. The union will be notified whenever a new hire training class is scheduled. The union shall have the right to speak to the new hires the first week of orientation or training period and the company will facilitate the Union by allowing time to speak for thirty (30) (off the clock) minu tes.

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, hou rs 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 cond itions of employment and to provide for an orderly collective bargai ning relationship between the Company and the Union.

ARTICLE 3

UNION SECURITY & DUES DEDUCTIONS

Section 3.1: The Company agrees to deduct dues as designated by the U nion on a semimonthly basis from the paycheck of each member of the Union. These ded uctions will be made only upon written authorization from the Employee on a form provided by the supervisor or the Union. The Employee, upon thirty (30) days' written notice served upon the Company and the U nion, may revoke such authorization. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to what the Union membership dues are. At the time that dues are remitted by the Company to the Union, the Company will submit a list of the names with hire date of the employees hired under this Agreement during the same month for which the Company is remi tting dues to the Union.

Section 3.2: The Company will remit all such deductions to the Local Treasu rer within five

(5) Business days from the date that the deduction was made, via regu lar check, on a monthly basis.

The U nion agrees to hold the Company harmless from any action or actions growing out of these deductions commenced by an Employee against the Company, and assumes full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, 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 3.3: Union Security. An employee who is a member of the Union at the time this Agreement becomes effective shall contin ue membership in the U nion for the duration of this Agreement, to the extent of tendering the mem bership dues uniformly requi red as a condition of retai ning membership in the Union.

Section 3.4: An employee who is not a member of this Union at the time that this Agreement becomes effective shall, withi n ten (10) days after the thirtieth (30th) day following the effective date of this Agreement either:

Become a member of the U nion and remain amember.

As an employee, it is required that all members of the bargaining unit shall be required to pay to the U nion a service fee. The amount of this service fee shall be equal to that paid by regular U nion members to include regular and usual initiation fees. The service fee will not inclu de any assessments, special or otherwise. Such payments shall commence on the thirtieth (30th) day after the date of hi re.

Religious Objectors. An employee who is a member of and adheres to established and traditional tenets or teachings of a bona-fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union; except that, in lieu of tendering dues or a service fee, such an employee shall pay the equal amount of monies (pursuant to Section 2.b), as wou ld a regular Union Dues paying member to a bona-fide tax exempt organization (under Section 501(c)(3) of the IRS Code), as selected by the employee.

Beck Objectors. An employee who objects to the expendi ture by the Union of monies for purposes unrelated to collective bargai ning activities shall notify the U nion in writing of such objection. If an employee provides such notice, the amount such employee shall thereafter be required to pay an amount of monies (pursuant to Section 2.b), as shall be determined by multiplying the amou nt the employee would otherwise be required to pay pursuant to Section 2.b by a fraction, the numerator of which shall be the Union's total expenditures during its prior fiscal year for activities related to collective bargaining, and the denominator of which shall be the Union's total expenditures during its prior fiscal year for all purpose .

Section 3.5: The U nion, including its International, agrees to save and hold the Company harmless from any and all claims, actions, suits, damages, or costs, including attorney fees incurred by the Employer, on account of any matter relating of the terms of this Article, including, but not limited to any claims by any employee(s) and compliance with the law, and the Union will assume the responsibility of the same. Provided, however, that in the event the Employer is named in any legal proceeding, the Union shall be afforded the opportunity to defend the matter with attorneys of its own selection.

ARTICLE 4

UNION RIGHTS

Section 4.1:The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize the Local President, Vice President, Treasurer and up to three shop stewards, one of which will be named the Chief Shop Steward. Within ten (10) calendar 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 seven (7) calendar days of such change becoming effective.

The authori ty of Stewards shall be limited to, and shall not exceed, the following duties and activities: (1) representation of employees in disciplinary interviews consistent with Section 12.1of 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-worki ng 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.

Stewards or other employees, who conduct Union business on working time, if a violation of this provision, shall be subject to discipline for dereliction of duty u nder 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 Article 12 of this Agreement during working time.

Section 4.2: Neither Union officials nor employees shall, during the worki ng 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:The Union acknowledges and agrees that the terms and conditions of this Agreement, and employees' employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the U nited States Government. The Union agrees to cooperate with the Company in all matters required by the Government and to comply with all such Government priorities, rules, procedures and restrictions. Documentation will be provided to the Union verifying the change/request did come from the Government, if the Company possesses the said documentati on.

The Union further agrees that any actions taken by the Company pursuant to a request from DHS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that OHS 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, whenever such action affects a term or condition or employment, the Company agrees to notify and discuss with the Union the effects of thataction.

ARTICLE 5

MANAGEMENT RIGHTS

Section 5.1: The U nion 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 com mon 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 ju st cause; determi ne, establish, and implement terms and conditions of employment (prior to discussion with the Union); 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 redundan cy 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 and if requested by the Union, meet with the U nion to discuss the change only if the change is unrelated to a client requirement; 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 itsbusiness.

Section 5.2: The Company shall have the right at any time to establish, administrate or alter the practices or customs of break periods (prior to discussion with the Union), and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary.

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 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 accordan ce 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.

Section 5.5: The Company shall have the right to establish, administer, or cha nge 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 discipli ne employees based on the results of such tests.

Section 5.6: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 above rights of management are not inclusive of all manners or rights which belong to management. Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those which violate express provisions of this Agreement.

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 Jaw. 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.

Section 6.2 It is expressly agreed and understood that the dispute resolu tion procedures set forth in Article 13 of this agreement shall be the sole and exclusive forum for resolving all claims, demands or actions arising u nder state or federal law arising from the employment relationship between the Company and you to the fullest extent permitted by such Jaws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. §621 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.), the Rehabilitation (29 U.S.C.

§793 et seq.), the Civil Rights Act of 1966 and 1971 (42 U.S.C. §§1981& 1983), Executive Order 11246 the Americans with Disabilities Act (42 U .S.C §12101 et seq.),.the Civil Rights Act of 1991(Pub. L 102- 66), the Fami ly and Medical Leave Act of 1993 (29 U.S.C. §2601et seq.), the Equal Pay Act (29 U.S.C.

§201 et seq.), and Disabled & Vietnam Veterans Act (38 U.S.C. §4212), applicable state employment and wage and hour Jaws, the Fair Labor Standards Act, and any other state or federal Jaw relati ng to employment discrimination or termination, statute or common law.

ARTICLE 7

HOURS OF WORK

Section 7.1: The sole pu rpose of this Article is to provid e a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this Article or this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimu m or maximu m number of hours of work per day, per week or per year. 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: The Company's workweek shall consist of seven (7) days, beginning on Sunday at 12:00 a.m. and ending the following Saturday at 11:59 p.m.

Section 7.3: A workday shall be defined as from 0000 hours until 2359 hours.

Section 7.4: Employees may be required to work reasonable overtime assignments at the discretion of the Company. An employee not excused by the Company from performing assigned overtime, and who refuses to work overtime, will be subject to appropriate discipline. J n 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 7.5: 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 7.6: 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 7.7: 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 U nion prior to implementation; however, the Company will have the final authori ty in establishing shifts.

Section 7.8: 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.

Section 7.9: The Company shall make every reasonable effort to distribute overtime as evenly as possible during the term of this agreement among employees regularly assigned to the particular work location (including part-time employees). Seniority shall be used in the assignment of overtime (on a rotati ng schedule) except in situations dictated by availability of personnel and amou nt ofnotice given for overtime. In the event that overtime is not filled by personnel working at the specific location, it will be made available to all collective bargai ning unit personnel in accordance with seniority, as far as practicable .

Section 7.10: An u npaid lunch period, not to exceed thi rty minutes (30), shall be provided on each shift. The Company shall designate the time of said lunch period as close as reasonably possible to the mid-point of the shift.

Section 7.11: Every effort will be made to give each employee will be given a paid ten (10) minute break for every four (4) hours of continuous work Under normal circumstances, the employee must take this rest period away from their work assignment.

ARTICLE 8

STRIKE AND LOCKOUTS

Section 8.1: Both the Company and the Union agree that continuity of operations is of u tmost importance to the Company's operations. I t 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 proced ures provided herei n. 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 cu rtailment 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 thesame.

Upon hearing of any u nauthorized 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 bri ng such activity to a prompt termination. During the term of this Agreement, a refusal by an employee or employees to cross a strike li ne 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 im mediately discharged. Furthermore, it is agreed and understood that, in addition to other remedies, the provisions of this Article may be judi cially enforced, including specific performance by way of injunctive relief.

Section 8.2: During the term of this Agreement, the Company shall not lockout any employee.

ARTICLE 9

HOLIDAYS

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

Christmas Day New Marti n Luther King, Jr. Birthday I ndependence Day Labor Day Veterans' Day

New Year's Day President's Day Memorial Day Columbus Day Thanksgivi ng Day

Employees m ust work the day before and the 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 up to and including discharge.

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

Section 9.2: An eligible full -time employee who is not required to work a holiday shall be paid eight

(8) hours pay at his or her straight time rate of pay. An eligible full-time employee assigned to work on a holiday will receive their straight- time wage for all hours worked plus the eight (8) hours holiday pay specified above.

An eligible part-time employee who is not requi red 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.

Hours which an employee does not work but for which he or she is compensated under this Article shall not be considered hours worked for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

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

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.)

Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay.

Section 9.4: In addition to the Holidays listed in Section 9.1, employees shall be granted any Holiday that is designated by the U.S. Government as a holiday, or a day upon which federal employees are not required to report to work under Presidential Proclamation and will be paid as provided, in this Article, provided the Company receives approval for reimbursemen t for the Holiday from the Government.

Section 9.5: Time paid for but not worked as a Holiday shall not be considered as time worked for the purpose of computing weekly overtime.

ARTICLE 10

LEAVES OF ABSENCE

Section 10.1: 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 offive (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 ofreceiving the ju ry duty questionnaire or notice that he or she is subject to a jury duty call. For each hou r of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight time rate of pay, less the amount received by the employee from the court or government agency.

Section 10.2: The Company will comply with the provisions of the U niformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301 etseq. ("USERRA"). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave.

Section 10.3: An employee shall be entitled to leave with pay for a maximum of twenty-four (24) scheduled work hours lost in the event of the death of the employee's parent, sibling, child, step-parent, step-child, stepsibling, spouse, mother-in-law , father-in-law or grandparent. Leave und er this section shall be conditioned upon the employee submitting to the Company, if the Company so requests, proofof the death of the deceased and the employee's relationship to the deceased.

Section 10.4: The Company will permit an authorized representative of the Union an unpaid leave of absence to attend meeti ngs, trai ning and/or conventions for the Union, provided a written request is received by the Program Manager at least three (3) weeks prior to the beginning of such leave, and provid ing that this leave does not negatively impact Company operations. In no event will more than three (3) U nion representatives be permitted leave under this provision. The maximum total period of such leave shall be fourteen

(14) Days total in any calendar year.

Section 10.5: Family and Medical Leave

Leave Entitlement. An employee who has been employed by the Company for 12 months and who completed 1250 hours of work during the 12 month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act ("Act") in accordance with its provisions.

Year for Pur poses of Determining Leave Entitlement. For pu rposes of determini ng an employee's Leave entitlement under the Act, the 52-week period immediately preceding the commencement of leave under the Act shall be the applicable measuri ng period.

Section 10.6: Personal Leave with Pay

All non-probationary, full time employees will accrue and be allotted th ree (3) personal days paid leave annually.

Eligi ble part-time employees shall be entitled to pro-rated personal leave at their straight-time rate based on the number of hours worked in the previous year, divided by 1872.For example, part-time employees who have been continuously employed for one (1) year and who worked a total of 1040 hours the prior year would be eligible to receive 12 hours paid personal leave.

Employees taking personal days are required to arrange personal leave with their supervisor prior to taking the time off. Employees taking sick leave must comply with nominal call- off procedures as set forth in Sections 12.2 if the time off was not authorized in advance.

Employees failing to obtain prior authorization for personal days, or failing to comply with Sections Shall be subject to discipli ne, up to and including discharge, as set forth in those Sections, respectively.

Section 10.7: From April 1, 2018 to Decem ber 31, 2018 a ll employees shall accrue sick leave at a rate of one (1) hou r for every thi rty (30) hou rs worked. Employees will receive a cash out of any remaining balance of sick leave from this time frame no later than January 31 of the following year

Effective J anuary 1, 2019, all non-probationary, full time employees will receive fifty-six (56) paid sick hours annually. Sick Leave hou rs do not carry over each year. At the end of each calendar year, the Company will cash out any remai ning sick leave balance to the employee no later than January 31 that year. Fringe benefits do not accrue during such leave. U pon separation of employment unused sick hours are not paid out.

Section 10.8: Effective January 1, 2019 all eligible part-time employees shall be entitled to pro-rated sick at their straight-time rate based on the number of hours worked in the previous year, divided by 2080. Hours do not carry over each year and any u nused hours are to be cashed out no later than January 31 of the following year. Upon separation of employment unused sick hours are not paid out.

Employees within their first year of service will accrue sick leave at 1hou r for every

30 hours worked until they have reached the appropriate beginning of the calendar year.

Section 10.9: The following reasons are considered to be approved usage of sick leave:

Caring for their own physical or mental illness, injury, or medical condition;

Caring for a physical or mental illness, injury, or medical condition of their child, spouse, parent, or spouse's parent;

Attending their own routine medical appointment;

Attending a routine medical appointment for their child, spouse, parent, or spouse's parent;

Section 10.10: Employees taking sick leave in advance for reasons stated in section 10.9 must notify the Company of the use at least five (5) days prior to use. Employees taking sick leave must comply with nominal call-off proced ures as set forth in this Agreement if the time off was not authorized in advance.

Section 10.11: Employees may not take sick leave under this Section in increments of less than one

(1) hour.

Section 10.12: Employees shall be compensated for sick leave at their current straight time rate of pay at the time the sick leave is taken.

Section 10.13: Upon three (3) days of consecutive usage of sick time and returning to work, the employee shall be required to provid e verification from a physician licensed by the state of the employee's residence of the employee's illness and authori zation for absence from work. Failure to provide the requi red physician' s verification shall be grounds for discipline up to and includi ng termination and such leave shall not be reimbursed.

Section 10.14: An employee who is u nable to perform the functions of his or her position because of illness or injury, or for other medical reasons (including dental and medical examinations), and has exhausted their paid sick time allotment, may request to use accrued but unused vacation leave pu rsuant to the provisions of Article 10 or, alternatively, may request unpaid leave not to exceed 30 calendar days subject to approval by the Company at its discretion.

Section 10.15: Sick leave shall not be deemed hours of work for the purposes of computi ng overtime or other premium pay under this Agreement, nor shall fringe benefits accrue during such me Section 10.16: Except as otherwise provided in this Article, for any paid leave taken under this Article, an employee shall be compensated at the straight-time rate of pay at the time the leave is accrued .

Except as otherwise specifically provided in this Article, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the pu rposes of com pu ting overtime.

Section 10.17: Except as otherwise herein provided, it is agreed by the parties that there shall not be any loss of seniority while employees are on such leaves of absence as provided for in this Article; however, employees shall not accrue vacation or sick leave or receive holiday pay du ring any leave of absence that extends beyond thirty (30) days.

Section 10.18: No employee will engage in employment with another employer while on a leave of absence as provided for herein.

ARTICLE 11

VACATION

Section 11.1: All employees will earn vacation time up to the maximum amounts set forth below.

Upon completion of one ( 1) year of service:

Upon completion of five (5) years of service:

Upon completion of ten (10) years of service:

80 hou rs 120 hou rs 160 hours

Employees shall be eligible for earned vacation upon the completion of one (1) year of continuous employment (not to include pre-assignment train ing) and each subsequent anniversary to the date of hire with the Company or predecessor to the Contract between the Company and the Government.

Vacation shall not vest and employees shall not be entitled to vacation u nder the above schedule until the employee has completed each twelve (12) months of employment. If an employee separates from employment for any reason with less than one year and one day of employment with the Company or its predecessor shall not be entitled to any vacation pay.

Section 11.2: Vacation time for all employees is earned based on the employee's hou rs worked. The amount earned is calculated by the number of hours worked in the previous year, divided by 1872, and then multiplied by the maximum vacation hou rs for that employee's years of service. No employee may earn more than the maximum for that employee's years of service.

Section 11.3: Em ployees shall be compensated for vacation at the straight-time rate of pay in effect at the time the vacation was accrued.

Section 11.4: Vacation leave shall be taken at such times m utually convenient to the employee and to the Company; provided, however, the Company shall retain the final right to approve, deny, schedule and cancel all vacations. Employees may not take vacation in increments of less than eight (8) hours.

A vacation request shall be made at least fourteen (14) days in advance of the date the requested vacation is to begin and shall be submitted on a form to be provided by the Company. The company will respond to the vacation request in writing within five (5) days.

Bargaining Unit Employees shall submit their vacation schedule by J anuary 31 of each year.

Immediately after January 31, the Company will determine the amount of Bargaining U nit Employees they can release for any given week and notify the bargaining within two (2) weeks they will then place the approved Bargaining U nit Employees name on the calendar using the Seniority System as the determining factor. Any Vacation request made after January 31st of each year will be handled on a case by case basis using first come, first serve basis. Once a Bargaining Unit Employees vacation is approved, no other Bargaining Unit Employee can use the Seniority System to "Bump" the approved Bargai ning Unit Employees.

Based on availability, a maximum of two (2) employees from Billings and a maximum of one (1) employee from Western Montana will be allowed time off at any one time based on a verifiable operational necessity.

Employees will be allowed to cash out vacation in lieu of taking up to 40 hours per year.

Section 11.5: Continuous Employment Employees who are placed on inactive status for any reason (including but not limited to unpaid leave, expired or lapsed credentials, suspension, or worker's compensation, but not including regular vacation) for thirty (30) continuous days or more during any year of service (i.e., the 52-week period beginning on the employee's anniversary date) shall not be entitled to any vacation benefits u nder this section for that year of service.

ARTICLE 12

DISCIPLINE AND DISCHARGE

Section 12.1: No employee shall be discharged or disciplined without just cause, and discharge and discipline matters shall be subject to the grievance and arbitration procedures contained in this Agreement. However, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the discipline imposed by the Company for a proven violation of any of the followi ng:

Violation of Rules and Regulations of Government Public Buildi ng and Grounds, 41 CFR Section

101-20.3.

Neglect of Duty (including sleeping while on duty or action which causes the assessment of a penalty against the Company by the United States Government or DHS), insubordination (including, without limitation, deliberate failure to carry out assigned tasks), and conducting personal affairs during official time. The term "personal affairs" as used in this paragraph does not include the making of telephone or other inquiries concerning the status of children or family members or the provisions of their care provided that such activities have been approved by the Employee's supervisor. Long distance telephone calls shall not be made at Government or Company expense.

Falsification or u nlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willfu l omissions from official documents or records.

Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.

Theft, vandalism, or criminal acts.

Drinking or drunkenness on the job; use or possession on the job or bei ng impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the Company's Alcohol and Drug Abuse Policy.

Improper use of official authority or credentials.

Unauthorized use of communications equipm ent or Government property.

Misuse of weapon(s), violation of the Company weapons policy, or possession of private firearm or other private weapon on the job.

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

Violation of state or federal l aws regarding the possession or use of afirearm.

Unauthorized post abandonment.

Failure to cooperate with Government officials, local law enforcement authorities, or the Company during an official investigation .

Falsification of time records.

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

Sexual, racial or verbal harassment in violation of Company policy.

It is expressly agreed and understood that the Company shall have the right to establish from time to time other reasonable rules of conduct and the right to discipline, up to and including the right to terminate, for violating same. The employer shall have the right to determine the level of discipline.

The Company agrees to follow the princi ples of…