RFP 70RFP221REC000004.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OPO/FPS/EACCG/R11/A

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 11/Group A

000000 CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70RFP2

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/01/2022 1400 ET

02/11/2022

215-521-2991Tony Rodriguez (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP221REC000004

5. SOLICITATION NUMBER

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

1 6 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Tony Rodriguez

TELEPHONE NO.

17a. CONTRACTOR/

VARIOUS LOCATIONS

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$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 EAST CCG DIV 2 ACQ DIV(70RFP2)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Service (FPS) is issuing this request for proposals (RFP) to solicit offers for the purpose of awarding a contract to provide Protective Security Officer services at twelve

(12) sites in Arlington, Virginia.

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

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Joshua Clemens

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

is anticipated that a single award, fixed price, indefinite delivery/indefinite quantity (ID/IQ) type contract will be established as a result of the solicitation.

Attached Wage Determinations:

CBA-2019-12602 Rev. 2: Collective Bargaining

Agreement between Contractor: Diversified

Protection Corporation, and Union: United

Government Security Officers of America (UGSOA)

(covers VA0323).

CBA-2019-12604 Rev. 3: Collective Bargaining

Agreement between Contractor: Diversified

Protection Corporation, and Union: International

Union Security, Police and Fire Professionals of

Local 299 (covers VA1450, VA0839, VA0905).

CBA-2021-275 Rev. 2: Collective Bargaining

Agreement between Contractor: Diversified

Protection Corporation, and Union: International

Union Security, Police and Fire Professionals of

America (covers VA0907).

CBA-2019-12603 Rev. 3: Collective Bargaining

Agreement between Contractor: Diversified

Protection Corporation, and Union: National

League of Justice and Security Professionals

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

6 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP221REC000004

(covers VA0318).

CBA-2021-123 Rev. 1: Collective Bargaining

Agreement between Contractor: First Coast

Security, and Union: International United

Government Security Officers of America (UGSOA)

Local 209 (covers VA0313, VA0396, VA0423, VA0028, VA0865).

CBA-2021-125 Rev. 1: Collective Bargaining

Agreement between Contractor: KR Contracting, Inc., and Union: National League of Justice and

Security Professional (NJSP) Local, covering

VA0345.

The ordering periods are as follows:

Ordering Period I: 06/01/2022 – 05/31/2023

Ordering Period II: 06/01/2023 – 05/31/2024

Ordering Period III: 06/01/2024 – 05/31/2025

Ordering Period IV: 06/01/2025 – 05/31/2026

Ordering Period V: 06/01/2026 – 05/31/2027

WOSBs may request a copy of the current post exhibit by submitting a completed Non-Disclosure

Agreement (SOW Exhibit 3) to tony.rodriguez@fps.dhs.gov and josh.b.clemens@fps.dhs.gov. Upon receipt of a properly completed DHS Form 11000-06, the post exhibit shall be e-mailed to the requesting WOSB concern.

The resulting contract will be issued with a

$100,000.00 minimum guarantee. This minimum guarantee will be de-obligated from the forthcoming contract once a task order or task orders is/are issued with a value of $100,000.00 or greater through which the minimum guarantee will then be satisfied. The contractor can only invoice for the minimum guarantee as applied at the contract level if task orders are never issued against the contract and only at the end of the contract’s period of performance. If task orders are issued, but do not amount to a value of $100,000.00, the contractor can invoice for the minimum guarantee minus the total value of the task orders issued under this contract and

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP221REC000004

only at the end of the contractor’s period of performance.

Period of Performance: 06/01/2022 to 05/31/2027

Ordering Period I

0001 PSO Services (VA0323, VA1450, VA0839, VA0907, 200000 HR

VA0905, VA0318, VA0313, VA0396, VA0865, VA0423,

VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2022 to 05/31/2023

0002 Supervisory Services (VA0323, VA1450, VA0839, 10000 HR

VA0907, VA0905, VA0318, VA0313, VA0396, VA0865,

VA0423, VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2022 to 05/31/2023

Ordering Period II

1001 PSO Services (VA0323, VA1450, VA0839, VA0907, 200000 HR

VA0905, VA0318, VA0313, VA0396, VA0865, VA0423,

VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2023 to 05/31/2024

1002 Supervisory Services (VA0323, VA1450, VA0839, 10000 HR

VA0907, VA0905, VA0318, VA0313, VA0396, VA0865,

VA0423, VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Continued ...

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

5 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP221REC000004

Period of Performance: 06/01/2023 to 05/31/2024

Ordering Period III

2001 PSO Services (VA0323, VA1450, VA0839, VA0907, 200000 HR

VA0905, VA0318, VA0313, VA0396, VA0865, VA0423,

VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2024 to 05/31/2025

2002 Supervisory Services (VA0323, VA1450, VA0839, 10000 HR

VA0907, VA0905, VA0318, VA0313, VA0396, VA0865,

VA0423, VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2024 to 05/31/2025

Ordering Period IV

3001 PSO Services (VA0323, VA1450, VA0839, VA0907, 200000 HR

VA0905, VA0318, VA0313, VA0396, VA0865, VA0423,

VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2025 to 05/31/2026

3002 Supervisory Services (VA0323, VA1450, VA0839, 10000 HR

VA0907, VA0905, VA0318, VA0313, VA0396, VA0865,

VA0423, VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Continued ...

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

6 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP221REC000004

Period of Performance: 06/01/2025 to 05/31/2026

Ordering Period V

4001 PSO Services (VA0323, VA1450, VA0839, VA0907, 200000 HR

VA0905, VA0318, VA0313, VA0396, VA0865, VA0423,

VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2026 to 05/31/2027

4002 Supervisory Services (VA0323, VA1450, VA0839, 10000 HR

VA0907, VA0905, VA0318, VA0313, VA0396, VA0865,

VA0423, VA0028, VA0345)

Anticipated Award Type: Indefinite-quantity

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 06/01/2026 to 05/31/2027

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

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: 7RFP221REC000004

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 Arlington, VA. 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 Tony.Rodriguez@fps.dhs.gov. If you have any questions, please call Tony Rodriguez at 215-521-2291. 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

COLLECTING BARGAINING

AGREEMENT

Between

KR Contracting, Inc.

and

National League of Justice and Security Professionals (NLJSP)

Representing the

PROTECTIVE SECURITY OFFICERS

at

4200 Wilson Blvd., Alexandria, VA

April 1, 2021 to March 31, 2024

Table of Contents

BARGAINING AGREEMENT PREAMBLE

ARTICLE I: SCOPE OF AGREEMENT

ARTICLE II: DUES CHECKOFF/LABOR MANAGEMENT MEETINGS

ARTICLE III: NONDISCRIMINATION

ARTICLE IV: MANAGEMENTS RIGHTS

ARTICLE V: EMPLOYEE CLASSIFICATIONS

ARTICLE VI: WORK WEEK AND HOURS OF WORK

ARTICLE VII: DISCHARGE AND DISCIPLINE

ARTICLE VIII: GRIEVANCE PROCEDURE

ARTICLE IX: ARBITRATION

ARTICLE X: NO STRIKE/NO LOCKOUT

ARTICLE XI: BULLETIN BOARDS

ARTICLE XII: STEWARDS

ARTICLE XIII: JURY DUTY

ARTICLE XIV: LEAVES OF ABSENCE

ARTICLE XV: HOLIDAYS

ARTICLE XVI: VACATION

ARTICLE XVII: WEAPONS

ARTICLE XVIII: SENIORITY

ARTICLE XIX : TRAINING AND QUALIFICATION

ARTICLE XX: UNIFORMS

ARTICLE XXI: HEALTH AND WELFARE

ARTICLE XXII: 401(k) Plan

ARTICLE XXIII: WAGES

ARTICLE XXIV: INTEGRATION

ARTICLE XXV: SEPARABILITY AND SAVINGS CLAUSE

ARTICLE XXVI: DURATION OF AGREEMENT

BARGAINING AGREEMENT PREAMBLE

This Agreement is entered into as of the 1st day of April 2021 by and between KR Contracting Inc., hereinafter referred to as the "Company", and the NATIONAL LEAGUE OF JUSTICE AND SECURITY PROFESSIONALS, hereinafter referred to as the "Union."

ARTICLE I: SCOPE OF AGREEMENT

Section 1:

The Company recognizes the Union as the bargaining agent for all full-time and regular part-time armed security officers employed by the Company at the facility located at 4200 Wilson Blvd, Alexandria, VA; but excluding all managerial employees, all office clerical employees, professional employees, lieutenants, captains and supervisors as defined in the Act.

Section 2: Probationary Employees All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety days (90) calendar days from date of hire. During their probationary period, employees may be subject to discipline or discharge at the discretion of the Company, without regard to the provisions of Articles VII, VIII, and IX of this Agreement. All other provisions of this Agreement are applicable to probationary employees.

There shall be no seniority during the probationary period, but upon successful completion of that period, the Employee shall be credited with seniority from the date of hire or rehire.

The purpose of the probationary period is to provide for the evaluation of an Employee over a period of 90 days. Should that period be interrupted for more than thirty (30) consecutive working days, the probationary period shall be extended to compensate for that absence. The Employee will be notified of this extension and the reasons for it.

Section 3: Accrual of benefits during Probationary Period Upon completion of his/her probationary period, the Employee shall begin to accrue all benefits such as Sick/Personal days and Vacation days.

ARTICLE II: DUES CHECKOFF/LABOR MANAGEMENT MEETINGS

During the term of this Agreement only, the Company shall deduct such union membership dues each pay day from the pay of all employees covered by this Agreement who provide individually signed authorizations. The Company shall tender such deductions to the Union by the fifteenth calendar day of the following month. The Company shall also provide, on a monthly basis, the name, the identification number and job classification of each employee and the amount of dues or agency fees deducted to date from January 1 of each year. Following the expiration of the Agreement or any agreed upon extension thereof, the Company shall have the right to unilaterally cease the deduction of dues under this Section.

Section 2:

The Union agrees to indemnify and save the Company harmless against any and all costs (including attorney's fees) and any and all claims, demands, suits or other forms of liability that shall arise out of any action taken by the Company under this article.

Section 3: Labor Management Meetings The parties shall hold meetings, as necessary, to exchange information and address concerns. At a minimum, the Project Manager or designee will represent the Company. At a minimum, the Local president or his designee will represent the Union. The Party requesting such must do so in writing to the Project Manager and shall include an agenda of issues to be discussed. The Parties shall work together to establish the time and place of the meeting.

ARTICLE III: NONDISCRIMINATION

The Company shall train, assign, and promote employees without regard to race, color, religion, national origin, ethnic background, gender, age, marital status, sexual orientation, disability, status as a veteran, political affiliation or belief, military duty status, or Union activity. The Company and the Union shall each comply with all applicable federal and Virginia employment discrimination laws, including but not limited to, the Age Discrimination in Employment Act, The Rehabilitation Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, as amended, the Equal Pay Act, and the Virginia Human Rights Act. Any claim that the Company has violated this Article, or any federal, state or local law against discrimination, shall be resolved pursuant to the grievance and arbitration provisions of this Agreement (Articles VIII and IX).

ARTICLE IV: MANAGEMENTS RIGHTS

Except to the extent expressly abridged or limited by a specific provision of this Agreement, the Company reserves and retains, solely and exclusively, all of its inherent rights to manage and operate its business prominent among which, but by no means wholly inclusive, are the right to unilaterally decide and implement decisions as to: the merger, sale or termination of all or any part of its business; the nature and extent of services provided and performed; the cessation of operations covered by this Agreement or any part thereof; the altering, rearranging, combining, transferring, assigning or ceasing of any job, department, operation or service; the work to be contracted out, purchased or assigned to non-bargaining unit personnel, including work performed by bargaining unit employees; the types of equipment utilized;

the control and regulation of the use of all equipment and other property, including property of the Federal Government; the schedules of and the number of hours per day or week to be worked by employees; changes in employees' work schedules, assignments and changes in assignments of work to employees; the size, selection, direction, size and make-up of the work force; the hiring, testing (including drug and alcohol testing), selection, examination, lay off, promotion, demotion, assignment of work to, or transfer of employees; the discipline, suspension, and discharge of employees; relieving employees from work, duties or assignments because of the lack of work; the establishment and evaluation of jobs including the determination of job requirements and job content; the establishment of quality and performance standards; the determination of the methods and means of monitoring, evaluating or investigating bargaining unit employee performance or conduct, including the use of video surveillance equipment and electronic monitoring equipment; the content and implementation of rules and regulations for service, inspection, efficiency, discipline, safety, and working conditions; the establishment, modification or discontinuance of policies, practices and procedures for the conduct of the business; the determination and implementation of such measures as the Company may determine to be necessary for the orderly, safe, efficient, and cost effective conduct of the operations covered by this Agreement.

The right of the Company to make and /or revise such reasonable rules and regulations, as it may deem best for the purposes of maintaining order, safety and/or effective operations of the Company is recognized. The Union reserves the right to question the reasonableness of the company's implementation or modification of any rule or regulation through the filing of a timely grievance after such notification. Prior to implementing a rule modification or new rule not imposed by the Government, the Company will give the Union two weeks advanced notification.

Section 3:

The Union agrees to cooperate with the Company in all matters required by the U.S. Government and the Union recognizes that the terms and conditions of this Agreement are subject to the rights the U.S. Government may exercise and that any actions taken by the Company pursuant to a requirement of the U.S. Government may be taken unilaterally and shall not constitute a breach of this Agreement.

ARTICLE V: EMPLOYEE CLASSIFICATIONS

Employees who are regularly scheduled to work at least thirty-two (32) hours per workweek shall be considered as "full-time". Employees who are regularly scheduled to work less than thirty-two (32) hours per workweek shall be considered as "part-time".

ARTICLE VI: WORK WEEK AND HOURS OF WORK

The regular work week shall be from 0001 hours Monday until 2400 hours Sunday each week. Wages shall be paid bi-weekly on Friday in the next week following the end of the pay- period.

The Company shall have the sole right to determine the number of shifts and the hours of each. The hours of work for employees shall be scheduled by the Company at least two (2) weeks in advance except in circumstances beyond the Employer's control. Changes in the regular workweek or the normal weekly or daily shift for any employee shall be posted one week in advance. In the event of emergencies, exigent circumstances which were not reasonably foreseeable or the government directs the change, the Company may change the normal weekly or daily shift times by giving notice as soon as practicable.

• Shifts of more than 6 hours shall include an unpaid thirty (30) minute lunch break.

• Employees who work shifts of four (4) hours but less than eight (8) hours shall receive one (1) 15-minute paid break.

• Employees who work shifts of eight (8) hours but less than twelve (12) hours shall receive a two

(2) 15-minute paid breaks during their shift.

• Employees who work shifts twelve (12) hours or more will receive three (3) 15-minute paid breaks.

Section 4:

Overtime is to be paid at the rate of one and one-half (1 1/2) times base hourly straight time rate.

Overtime shall be paid to employees for work performed in excess of forty (40) hours in a work week.

There will not be any pyramiding of hours worked. Paid vacation, sick/personal time or holiday time shall not be counted as hours worked in the calculation of overtime. Opportunity to work overtime shall be provided consistent with the Employer's business needs and circumstances and must be authorized in advance by the Company.

Employees are required to work assignments beyond or outside of scheduled hours at the discretion of the Company, consistent with any restriction imposed by the government contract. The Company has the right to hold over employees until relieved and/or to require an available employee to provide coverage consistent with any restrictions imposed by the government contract. In the event that the Company has advance knowledge of twenty-four (24) hours or more that the overtime will be required, such work will be offered consistent with seniority whenever Possible.

Section 5:

An employee called in outside his regular work schedule shall be guaranteed a minimum of four (4) consecutive hours of work or pay at the applicable minimum wage in lieu thereof.

Section 6:

Each employee shall be required to sign in and sign out on FPS form 139, and log into the current payroll system either by phone call bio-metric clock in accordance with procedures presently established by the Company, which shall constitute their "timesheets".

Section 7:

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

Section 8:

Employees are required to be at their post and ready to work at their shift start time.

ARTICLE VII: DISCHARGE AND DISCIPLINE

During the term of this Agreement, no non-probationary employee shall be disciplined, suspended or discharged for disciplinary reasons without just cause and discharge matters shall be subject to the grievance and arbitration procedures contained in Articles VIII and IX of this Agreement.

The Company shall have the right to suspend an employee during any investigation or pending discharge.

During suspension the Company, at the Union's request, will meet for the purpose of discussing the conduct being investigated and/or the bases for the suspension or discharge. If, upon conclusion of the investigation, the Company concludes no discipline is warranted, the employee will be made whole.

When the Company deems any matter to warrant action less than discharge it will utilize a system of progressive discipline as follows:

1. Verbal warning, with counseling

2. Written warning, with a conference

3. Suspension up to five (5) days with final warning

4. Discharge for Cause

The above progressive discipline steps are not limited to offenses of the same type but shall apply to offenses of different character.

When Employees are suspended or discharged, the Company will provide notice thereof to Union as soon as practicable. Failure to provide notice shall not delay the time period for filing a grievance.

Section 5: Standards of Conduct It is acknowledged and recognized that the Company is in the business of providing security services to the United States Government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the Company and Union that all employees shall act in a highly professional, courteous manner and shall be held responsible for their duties, functions and job requirements. It is also recognized that timely and consistent attendance is a fundamental and essential requirement of security positions; that the importance of good attendance is to prevent disruption to fellow employees' schedules/disruption to contract operations/overtime/open posts;

and that a minimum of four hours advanced notice is required for any call-off. Deviation from or failure to meet these expectations, or exhibiting repeated occurrences of attendance and/or tardiness, shall constitute just cause and result in disciplinary action, up to and including termination.

Notwithstanding any article in this Agreement and without otherwise limiting the right of the Company to determine the disciplinary penalty in any case, the parties agree that any combination of three written warnings and/or suspensions shall constitute just cause for discharge. The parties further agree that any of the following shall constitute just cause for discharge:

1. Neglect of duties

2. Demonstrated incompetence in the performance of duties

3. Improper use of official authority or credentials

4. Unauthorized use of communications equipment or Government property

5. Falsification or alteration of Company reports, documents or records, including, but not limited to, time records, employment applications, benefit claim forms, requests for leave or other time off, accident or safety reports, or work reports.

6. Falsification or concealment, removal or destruction of any official documents.

7. Concealment of material facts by willful omissions from official documents or records.

8. Misuse of authorized weapons, or possession of a personal firearm or unauthorized firearm, dangerous weapon, substance or device at the work site including parking areas, on Company property or vehicles or while performing any duties away from the worksite or Company property.

9. Reporting to work or performing work while impaired by lawful or unlawful, drugs, alcohol or any intoxicant. Selling, distributing, purchasing possessing or using unauthorized drugs, alcohol, intoxicants or any dangerous substance at the work location, including parking areas, or on Company property, or in Company vehicles or while at work at any location.

10. Testing positive on any drug or alcohol test or any other violation of the Company anti-drug or alcohol policy. For the purpose of this rule, a positive drug test is any detectable amount of unlawful drugs and a positive alcohol test is a level of .01 or higher.

11. A refusal to obey or follow, or the reckless disregard of, Company policies or regulations, a work order, or a management or supervisory directive or instruction.

12. conduct and/or statements directed toward a supervisor or management official which are profane, threatening, verbally abusive or which demeanor exhibit a lack of respect or disregard for supervisory or management authority, except where such statements or conduct by a shop steward during an investigatory interview constitute protected activity.

13. Any violation of the no strike clause of the collective bargaining agreement

14. Any violation of the Company Anti-Harassment policy

15. Gambling at the work location or on Company Property

16. Entering time on behalf of another employee or allowing another employee to enter your time.

17. Leaving the work location or facility during assigned working time, without supervisory or management approval

18. Failure to report any workplace accident or injury immediately upon its occurrence or as soon as the employee is capable of doing so.

19. Theft or misappropriation of, or the unauthorized possession of, Company funds or property, or the funds or property of any employee or other person

20. Conducting personal affairs or union activity during working time without prior supervisory approval. "Personal affairs" do not include the making of telephone or other inquiries concerning the status of children or family members or the provision of their care provided that the employee requested and received supervisory approval prior to engaging in such activity except where an emergency situation prevents obtaining such approval. Long distance telephone calls shall not be made at the government's expense.

21. Falsification of the reason for any absence, whether in writing or not.

22. Engaging in any act of fighting, violence or horseplay at the work location, including parking areas.

23. Willful failure or refusal to follow, or reckless disregard of, any safety rule, procedure, instruction or requirement.

24. Any verbal or other act which threatens, coerces or intimidates any manager, supervisor, employee, or any person at the facility or which is intended to threaten, coerce or intimidate any such person.

25. A refusal to participate in or cooperate in, or knowingly providing false or misleading information during, any Company or federal or local government investigation.

26. Sleeping, giving the appearance of sleeping or otherwise avoiding work during any time that the employee is required to be working.

27. Violation of any Government procedures or regulations, including the Rules and Regulations of Government Public Building and Grounds, 41 CFR 101-20.3

28. Unauthorized post abandonment

29. Revocation by the Government or other loss of any clearances, authority or credentials required for the position (except as set forth in Article XXII, Sections 2, 3 and 4).

30. Any directive by the Government to remove an employee from the work site, contract or his or her position.

Records of verbal or written warnings shall be removed from an employee's file and not be relied upon as part of a cumulative basis for discipline in a future matter provided that the employee remains discipline free for a period of two (2) years from the date of the verbal or written warning.

The precise step of the disciplinary procedure shall be stated on each disciplinary form and a copy of the disciplinary form shall be provided to the employee at the time it is issued. If the employee refuses to sign, the supervisor shall so note on the form before giving the copy of form to the employee.

Section 9:

A call-off shall constitute an offense for an Employee to cancel work (call off) without providing the Company with a minimum of four (4) hours notice or, if such is not possible, as much advance notice as practicable under the circumstances. Providing sufficient notice does not limit the right of the Company to issue discipline for any unexcused absence.

Section 10: Investigatory Interviews Subject to, and in accordance with, the National Labor Relations Act, any investigatory interview between an employee and a Company representative which is anticipated to result in discipline shall, at the request of the employee, be conducted in the presence of an authorized Union officer or shop steward unless such officer or shop steward is not reasonably available and exigent circumstances preclude postponement of the investigation.

ARTICLE VIII: GRIEVANCE PROCEDURE

This procedure is the sole and exclusive procedure available to the employees and the Union for the resolution of disputes. Should any difference arise between the Company and the Union or the employees covered by this Agreement as to the meaning, interpretation, or application of the provisions of this Agreement such difference shall be considered a grievance. Grievances shall be processed in the following manner:

Step 1. The grievance will be reduced to writing on a standard grievance form by the Union and given to the Project Manager five (5) workdays after the occurrence of the event giving rise to the grievance or five (5) workdays from the date the employee reasonably should have known of the event. In the event a satisfactory settlement is not reached within five (5) work calendar days for the date the grievance is presented, the matter may be referred by the Union to the second step below.

Step 2. The Union may refer the grievance to Step 2 by filing a written copy of the grievance on or before the fifth (51h) workday following the expiration of the above five (5) workday period in Step 1 to the Director of Government Operations. The written grievance shall state the nature of the grievance, the name of the grievant, the date on which the grievance arose, the precise article of this Agreement that has been allegedly violated, and whether the Union desires a meeting. If a meeting is requested , the parties shall schedule a meeting within ten (10) workdays following such referral. In the event a satisfactory adjustment is not reached within ten (10) workdays following such meeting or in no meeting is requested, ten (10) workdays following the referral to Step 2, the Union may refer the grievance to Step 3 as set forth below.

Step 3. The Union may refer the grievance to Step 3 by filing written notice of such referral to the Senior Vice-President of Operations on or before the fifth (5th) workday following the expiration of the ten (10) workday period set forth in Step 2. Within five (5) workdays thereafter, the Senior Vice-President for Operations or his/her designee and Union shall meet to review the grievance. Within ten (10) workdays of this meeting, the Senior Vice- President for Operations shall provide the Union a written response to the grievance. If no satisfactory adjustment is reached, the Union may refer the grievance to Arbitration by filing with the Company President written notification of an intent to arbitrate with the Company President, within five (5) workdays following receipt of the Company's Step 3 answer or the expiration of the ten (10) workday period for such answer, whichever is earlier.

The time limits for filing and referring grievances to the next step or to Arbitration are to be strictly construed. A grievance that is not filed or referred to a higher step or to Arbitration within such prescribed time limits shall be considered settled and resolved on the basis of the Company's last answer, which shall be final and binding on the Union and the grievant and shall not be further processed or pursued in any manner. If the Company fails to meet at or provide an answer within the applicable time limits in Step 1, Step 2, or Step 3, the Union may refer the grievance to the next step or arbitration within the time limits set forth in such steps. The Union and Company may mutually agree, in writing, to extend any of the time limits set forth in this Article.

a. To the extent required by the nature of the grievance, the grievant will, at the Union's request, be allowed to attend meetings held at Step 1 and Step 2.

b. The settlement of any grievance at any step of the foregoing procedure shall be without precedent.

c. Grievances which involve the discharge or suspension of an employee or which involve a

Company policy or decision which affects a class of employees shall be presented at Step 3 within five (5) workdays the event giving rise to the grievance or the date the employees or Union should have known of the event. In addition, the Company and Union may agree in writing to bypass any step of the grievance procedure.

d. A grievance or notice required under this Article shall be deemed to be filed or referred when received.

e. For the purposes of this Article, "workday" shall exclude Saturday and Sunday as well as any paid Holiday under this Agreement.

ARTICLE IX: ARBITRATION

Except as provided in Article III as to the arbitration of statutory discrimination claims, only grievances which involve the meaning, interpretation or application of the provisions of this Agreement shall be subject to mandatory arbitration. Only the Union shall have the right to refer a grievance to mandatory arbitration.

For a grievance to be referred to arbitration, the Union must include with its notice of intent to arbitrate a standard Federal Mediation and Conciliation Services request form for a list of seven (7) arbitrators who have had training or experience in the subject of the grievance. The parties shall share the cost of the initial request. Any party may reject a provided list no more than twice by written notification to the other party and by filing with the FMCS a request for a new panel at such party's own cost. Within twenty (20) days calendar days of the receipt of an acceptable list from the FMCS, the parties shall select an arbitrator by alternately striking a name from the list until one remains. The person so selected shall then hear and decide the grievance in the manner described below.

The FMCS shall have no authority to conduct an arbitration hearing on the basis of a unilateral request by the Union if the Company contends that the grievance is not substantively arbitrable.

Any grievance referred to an arbitrator shall be considered by him or her within one (1) month from the date it is referred or as soon as practicable thereafter. The arbitrator shall render his or her decision within thirty (30) days following the conclusion of the hearing and filing of any briefs, unless the parties agree otherwise.

Section 5:

The arbitrator shall have no authority to add to, detract from, modify or delete any provision of this Agreement and the Arbitrator shall not impose on the Company a limitation or obligation not explicitly and expressly provided for in this Agreement and intended as such.

The expenses of the arbitrator and the arbitration hearing shall be borne equally by the parties. The costs of transcription shall be borne by the party ordering such unless both parties order transcript copies, in which case, the cost of transcription shall be divided equally.

The burden of proof in any arbitration hearing involving the discipline, suspension or discharge of an employee shall not be greater than the preponderance of the evidence. Further, the Arbitrator shall have no authority to substitute his or her sense of justice or fairness for that of the Company or impose upon the Company any obligation of industrial due process or other procedural requirement not expressly imposed by a specific provision of this Agreement. The Arbitrator shall have no authority to reduce any disciplinary action imposed by the Company.

Time spent by employees at arbitration hearings shall not be paid by the Company, except that the Company retains the right to pay such time for employees it calls as witnesses.

ARTICLE X: NO STRIKE/NO LOCKOUT

During the term of this agreement, and in exchange for the Company's commitment set forth in Section 2 below, the Union and the employees agree that, as to any underlying cause or dispute of any nature including, but not limited to sympathy actions and unfair labor practice protest), there shall be no concerted or self-help action of any kind, including, but not limited to, strikes, picketing, slowdowns, stoppages or curtailment of work of any kind, boycotts, hand billing or any other form of protest or other act which interferes with, or which is intended to interfere with or apply pressure to, the Company or its business activity or operations. This obligation applies regardless of whether or not the dispute is subject to the grievance/arbitration provisions of this Agreement neither the Union nor any employee shall participate in, instigate, encourage, authorize or condone any such activity or conduct. Any violation of this obligation by any employee shall be grounds for the discharge and such discharge shall not be held to violate the terms of this Agreement.

The Company agrees that it will not lock out the Union during the term of this agreement.

ARTICLE XI: BULLETIN BOARDS

The Company will use its reasonable best efforts to obtain permission from the Government for a bulletin board for the exclusive use of the Union at the facility. There shall be no posting of literature on these bulletin boards except by the authority of officially designated Union representatives.

ARTICLE XII: STEWARDS

The Union shall designate no more than 3 stewards, one of whom may be designated Chief Steward. The Union shall notify the Company of the selection of Stewards within ten (10) days of such selection.

Stewards shall not interfere with the management of the business or direct the work of any employee.

Stewards have no authority to call or direct strikes or authorize other economic action against the Company. The authority of Stewards shall be limited to the investigation and representation of grievances in accordance with the provisions of this Agreement and the transmission of such messages and information, which shall originate with and are authorized by the Union or its officers.

In the absence or unavailability of the Steward designated as representing employees on a specific shift or in a specific location, any other Union-designated Steward may represent unit employees.

ARTICLE XIII: JURY DUTY

An employee summoned to serve on a jury on a schedule workday shall receive compensation as set forth herein: however, compensation shall not exceed the comparable amount of wages for a schedule day's work to a maximum of forty (40) hours.

If an employee is summoned to serve on the jury on his/her regular schedule workday, the employee shall be paid the difference between the amounts received for jury duty and the employee's straight-time rate of pay. Compensation shall be paid by the Company for jury duty on any normally scheduled workday.

ARTICLE XIV: LEAVES OF ABSENCE

Section 1: Maternity and Sick Leave All provisions of this Article shall be applied in a manner consistent with the District of Columbia Family Medical Leave Act and the federal Family and Medical Leave Act of 1993 ("FMLA") and the Companys’s existing Family Medical Leave Policy which KR Contracting may amend from time to time in its discretion consistent with the FMLA. Eligible non- probationary employees will be granted up to sixteen

(16) weeks of unpaid leave for their own serious illness, for the birth or adoption of a child, or the care of a seriously ill child, spouse, or parent. Eligible employees may also be entitled to 12 weeks of unpaid leave in connection certain exigencies related to the military service obligations of a covered service…