AM02.pdf

PDF 45 MB Posted Nov 7, 2017

Attached to: O&M MEDCOM IDIQ
Solicitation number: W91278-16-R-0030
Issued by: Department of the Army Corps of Engineers Engineering District Mobile

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Amendment 0002

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File	Type	Posted
AM09.pdf	PDF	Dec 21, 2017
AM08.pdf	PDF	Dec 13, 2017
AM07.pdf	PDF	Nov 28, 2017
Attachment_J_-_Work_RequestSummaryReport_MATOC_36065_PART_1.xls	XLS spreadsheet	Nov 17, 2017
Attachment_J_-_Work_RequestSummaryReport_MATOC_36065_PART_3.xls	XLS spreadsheet	Nov 17, 2017
Attachment_J_-_Work_RequestSummaryReport_MATOC_36065_PART_4.xls	XLS spreadsheet	Nov 17, 2017
Attachment_J_-_Work_RequestSummaryReport_MATOC_36065_PART_5.xls	XLS spreadsheet	Nov 17, 2017
Attachment_J_-_Work_RequestSummaryReport_MATOC_36065_PART_2.xls	XLS spreadsheet	Nov 17, 2017
Attachment_J_-_Work_RequestSummaryReport_MATOC_ALL_except_36065.xls	XLS spreadsheet	Nov 17, 2017
AM06.pdf	PDF	Nov 17, 2017
AM05.pdf	PDF	Nov 15, 2017
Part_2_Attachment_J_-_Historical_Workorder_Data.pdf	PDF	Nov 15, 2017
Part_1_Attachment_J_-_Historical_Workorder_Data.pdf	PDF	Nov 15, 2017
AM04.zip	ZIP file	Nov 15, 2017
Attachment_D_-_Facility_Systems_Inventory_-ALL_except_36000.xls	XLS spreadsheet	Nov 14, 2017
Attachment_D_-_Facility_Inventory_-_36000_FHMH_only.xls	XLS spreadsheet	Nov 14, 2017
AM01.pdf	PDF	Nov 3, 2017
Facility_Systems_Inventory_-ALL_other_Bldgs.xls	XLS spreadsheet	Nov 2, 2017
Facility_Inventory_-_36000_FHMH_only.xls	XLS spreadsheet	Nov 2, 2017
BID_SCHEDULE_excel_(002).xlsx	XLSX spreadsheet	Nov 2, 2017
Bid_Schedule_2rev-_Hood_OM.xlsx	XLSX spreadsheet	Nov 2, 2017
16R0030_SPECS2.pdf	PDF	Oct 19, 2017

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE 4. REQUISITION/PURCHASE 5. PROJECT NO. (If applicable)

W91278-16-R-0030-0002 7 NOV 2017

6. ISSUED BY CODE 7. ADMINISTERED BY(If other than item 6)

CODE

Corps of Engineers 109 St. Joseph St.

Mobile, AL 36602

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION

NO.

W91278-16-R-0030

9B. DATED (SEE ITEM 11)

18 OCT 2017

10A. MODIFICATION OF

CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)

THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)

The subject solicitation for: IDIQ/MATOCS FOR FULL SERVICE OPERATON AND MAINTENANCE (O&M), INCIDENTAL REPAIR AND MINOR CONSTRUCTION TO SUPPORT THE U.S. ARMY MEDICAL COMMAND (MEDCOM) FACILITIES

PROGRAM

Is modified in the following: REFER TO THE ENCLOSED REVISED AND ADDED SPECIFICATIONS FOR AMENDMENT NO. 0002 NOTE: THE RECEIPT OF PROPOSAL DATE IS HEREBY REVISED BY THIS AMENDMENT. REFER TO THE ENCLOSED SF1442, SOLICITATION, OFFER & AWARD FORM.

Except as provided herein, all terms and conditions of the document reference in item 9A or 10A, as Heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICE (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of contracting officer)

16C. DATE SIGNED

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

Indefinite Delivery Type Contract for Operations, Maintenance W91278-16-R-0030 & Incidental Repair and Minor Construction to Support MEDCOM

SF 30 Page 2 W91278-16-R-0030-0002

PART I - REVISIONS MADE BY ADDED AND/OR REPLACEMENT PARAGRAPHS/PAGES/SECTIONS

The items listed below are to be replaced by the corresponding added and/or revised paragraphs/pages or sections. Added and/or revised paragraphs/pages or sections are indicated by a note in bottom right hand corner of each paragraph or page. Added sections are hereby made a part of the contract and are to be inserted in the specification in the proper numerical/alphabetical sequence.

Within the specifications, deletions from the specifications are indicated by strikethrough, e.g.: deletions are marked with strikethrough and additions to the specifications including revisions/substitutions are indicated in bold, italic and underlined, e.g.: additions are indicated thus.

Corresponding Added or Revised Paragraph SECTION Page, and/or Section

SF1442, Solicitation, Offer & Award Form Revised Block 13.A as indicated herein.

Bidding Schedule Notes Added CBA info to Paragraph 13 as indicated herein.

00700 Revised Clause 52.228-1 as indicated herein.

01 00 01 Revised Paragraph 33 as indicated herein.

Encl as stated Revised pages of the specifications as indicated in Part I.

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W91278-16-R-0030

2. TYPE OF

SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

18 OCTOBER 2017

PAGES OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE W91278 8. ADDRESS OFFER TO

U.S. ARMY ENGINEER DISTRICT, MOBILE

CONTRACTING DIVISION (CESAM-CT)

109 SAINT JOSEPH STREET

MOBILE, AL 36602

SAME AS BLOCK 7

IF HAND CARRIED, DELIVER TO

ROOM 1009

9. FOR INFORMATION

CALL :

A. NAME

Katherine Younts

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

251-694-3865

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) MULTIPLE AWARD TASK ORDER CONTRACTS (MATOCS) FOR FULL SERVICE OPERATION AND MAINTENANCE (O&M), INCIDENTAL REPAIR AND MINOR CONSTRUCTION

TO SUPPORT THE U.S. ARMY MEDICAL COMMAND (MEDCOM) FACILITIES PROGRAM

*Refer to Section 01 00 01, paragraph 21 “Maximum/Minimum Contract Value” for the term of the contract.

The NACIS Code for this project is 236220, and the Small Business Size Standard is $36,500,000.00. This is a Competitive Unrestricted Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), and the contractor must be registered on the System for Award (sam.gov) website.

** Refer to Section 00 11 00 for the number of copies to submit with the original offer.

11. The Contractor shall begin performance within __10___ calendar days and complete it within __*__ calendar days after receiving award, notice to proceed.

This performance period is mandatory, negotiable. (See ___ ).

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ** copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time on 17 28 NOVEMBER 2017. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required with the proposal.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442(REV. 4-85)

Prescribed by GSA FAR(48 CFR) 53.236-1(e)

Revised by Amendment No. W91278-16-R-0030-0002

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

DUNS____________ TAX ID____________

CAGE ____________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within _________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation – give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304© ( ) 41 U.S.C. 253© ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

31C. AWARD

DATE

STANDARD FORM 1442 BACK (REV. 4-85)

Reissued by Amendment No. W91278-16-R-0030-0002

Indefinite Delivery Type Contract for Operations, Maintenance

W91278-16-R-0030

Bid Schedule Notes Added by Amendment No. W91278-16-R-0030-0002

W91278-16-R-0030

Bid Schedule Notes Added by Amendment No. W91278-16-R-0030-0002 shsm9065 Typewritten Text shsm9065 Typewritten Text APG, MD -USAMRICD-MRMC Contract W912DY-14-D-0016-0027 - 3.1.2015-2.28.2018

W91278-16-R-0030

Bid Schedule Notes Added by Amendment No. W91278-16-R-0030-0002 shsm9065

WRAIR/NMHM Contract W912DY-14-D-0016-0029/30

W91278-16-R-0030

Bid Schedule Notes Added by Amendment No. W91278-16-R-0030-0002 shsm9065

Fort Knox, KY - IAH - MOM Contract W91278-15-D-0020-0001

W91278-16-R-0030

COLLECTIVE BARGAINING

AGREEMENT

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

LOCAL 2022

AND

J&J WORLDWIDE SERVICES

BLANCHFIELD ARMY COMMUNITY HOSPITAL

FT. CAMPBELL, KENTUCKY

Effective Date:

November 10, 2015

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030

COLLECTIVE BARGAINING AGREEMENT

TABLE OF CONTENTS

ARTICLE PAGE

AGREEMENT

1. RECOGNITION

2. NON-DISCRIMINATION

3. PURPOSE, INTENT AND EFFECT OF AGREEMENT

4. MANAGEMENT RIGHTS

5. NO STRIKE - NO LOCKOUT

6. UNION SECURITY

7. UNION DUES/AGENCY FEES DEDUCTION

8. UNION REPRESENTATION

9. GRIEVANCES

10. ARBITRATION

11. SENIORITY

12. SEPARABILITY

13. LEAVE OF ABSENCE

14. DISCIPLINE AND DISCHARGE

15. LAYOFF AND RECALL PROCEDURE

16. HOLIDAYS

17. VACATIONS

18. WAGES

19. HEALTH AND WELFARE

& Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030

20. HEALTH AND SAFETY

21. PHYSICAL EXAMINATION

22. HOURS OF WORK

23. SUCCESSORSHIP

24. DURATION OF AGREEMENT

ADDENDUM “A”

W91278-16-R-0030

AGREEMENT

This Agreement is entered into between J & J WORLDWIDE SERVICES (hereinafter referred to as the “Company”) and AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO, LOCAL 2022 at FT. CAMPBELL, KY (hereinafter referred to as the

“Union”).

ARTICLE 1.

RECOGNITION

Section 1.1. The Company recognizes the Union as the sole and exclusive bargaining representative for all full-time and regular part-time maintenance employees including lead men employed by the Company at its government contract at Blanchfield Army Community Hospital, Ft. Campbell, KY under contract number W91278-07-D-0102 and any subsequent follow on contract excluding all office clerical employees that are privy to confidential or proprietary company information, guards and supervisors as defined in the National Labor Relations Act.

Section 1.2. It is agreed that any employee who is designated by the Company as a confidential or managerial employee and who meets the definition under the NLRA and who performs the duties normally performed by confidential or managerial employees, as those terms are defined under applicable case law, shall be excluded from the bargaining unit and not covered by this Agreement.

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030

ARTICLE 2.

NON-DISCRIMINATION

Section 2.1. Both the Company and the Union agree that neither shall discriminate against any employee or prospective employee, or member or prospective member, because of race, color, creed, religion, national origin, age, sex, veteran’s status, or disability or for exercising the employee’s rights under fair employment practices or labor laws. The Company shall administer all rules and actions in a fair and equitable manner. The Union also recognizes the

Company’s Affirmative Action programs.

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030

ARTICLE 3.

PURPOSE, INTENT AND EFFECT OF AGREEMENT

Section 3.1. The general purpose of this Agreement is to set forth the hours of work, rates of pay, conditions of employment, and conduct to be observed by the Company, the Union and the employees. It is the further purpose of this Agreement to prevent any interruptions or slowdowns of work and to promote the most efficient, orderly and economic operation of the business.

Section 3.2. This Agreement sets forth the entire understanding and agreement of the parties and may not be modified in any respect except by writing subscribed to by the parties. The

Union acknowledges that it has had the opportunity to bargain with respect to all matters that are subject to bargaining between the Company and the Union as provided in the National Labor

Relations Act, as amended, and agrees that this Agreement settles all demands and issues on all matters subject to collective bargaining, including all demands made by the Union during negotiations.

Section 3.3. Any prior benefits, practices and understandings in effect on the implementation date of the Agreement and not specifically covered by the Agreement will remain in effect unless changed in accordance with this article.

Section 3.4. The waiver of any breach or term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms and conditions contained herein.

Section 3.5. The successful, efficient and economical operation of the Company’s business is hereby declared to be of paramount and mutual interest, and the parties desire to preserve, promote and improve business and economic relationships, safety, and economy, and to improve and increase the quality and quantity of work performed. The Union agrees that all employees in the bargaining unit shall render efficient and diligent service during their employment with the Company.

Section 3.6 The company agrees to notify the Union at least 15 calendar days in advance of any proposed changes to personnel policies, practices, or conditions of employment.

W91278-16-R-0030

ARTICLE 4.

MANAGEMENT RIGHTS

Section 4.1. It is agreed that the Employer hereby retains and reserves unto itself, without limitation, all the powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitutions of the State of Kentucky and the United States, including, and without limiting the generality of the foregoing, the rights to:

(1) The executive management and administrative control of the Company, its properties, equipment, facilities, and operations and to direct the activities and work of its employees;

(2) Hire all employees and determine their qualifications and the conditions of their continued employment;

(3) Promote, transfer and assign all employees;

(4) Determine the size of the work force, and to expand or reduce the work force;

(5) Establish, eliminate, continue or revise any personnel and employment policies and/or work rules and regulations;

(6) Dismiss, demote and discipline employees for cause;

(7) Establish, modify or change any work, business schedules, hours or days;

(8) Determine the services, supplies and equipment to conduct its operation, including the distribution thereof, establish standards of operation and performance, and determine the means, methods and processes of performing and/or accomplishing the work to be done, including the assignment and distribution of tasks and work among any of its work force;

(9) Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations and determine the size of its administrative organization, its functions, authority, amount of supervision and table of organization;

(10) Appoint employees to lead positions and abolish such positions.

Section 4.2. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Employer, the adoption of policies, rules, regulations and practices in furtherance thereof, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance with the Constitution and laws of the State of Kentucky and the United States.

W91278-16-R-0030

ARTICLE 5.

NO STRIKE - NO LOCKOUT

Section 5.1. The Company shall not lockout any of its employees during the term of this

Agreement.

Section 5.2. There shall be no strikes (including sympathy strikes), boycotts, work stoppages or interruption of work of any kind whatsoever by the Union or the employees during the term of this Agreement; nor shall any employee refuse to cross a picket line at any facility belonging to the Company, or to any entity with which the Company does business. The Union agrees that under no circumstances will it or its members call, authorize, approve, ratify, or sanction any strike, sit-down, slowdown, boycott, refusal to cross a picket line or any curtailment, interruption or restriction of work; nor shall the Union or any employee it represents interfere with the Company’s operations in any way by engaging in picketing, hand-billing or union publicity campaigns of any kind against the Company during the term of this Agreement.

Section 5.3. Employees, whether acting singularly or in concert, shall not induce, instigate, cause or take part in any acts prohibited by Section 5.2 above, and any employee who engages in any such act or attempts to encourage, induce or instigate others to do so, shall be subject to immediate discharge.

Section 5.4. Upon being notified by the Company that any of the acts referred to in

Sections 5.2 and 5.3 above are occurring, the Union shall immediately advise the offending employees or union officials that their acts are in violation of this Agreement and shall take immediate affirmative action to cause such conduct to cease. The Union shall give the Company its full cooperation and shall aggressively undertake all measures that are legally permissible to cause the earliest cessation of any such acts, including the immediate assignment of a Union representative to work on the problem. After it receives notice from the Company that acts violative of Sections 5.2 or 5.3 above are occurring, the Union shall, as rapidly as possible, advise the Company in writing as to what actions it has taken to remedy the situation.

Section 5.5. It is the purpose of this Article to bar any work stoppages, strikes or other similar job actions whatsoever during the term of this Agreement.

W91278-16-R-0030

ARTICLE 6.

UNION SECURITY

Section 6.1.

a. Any employee covered by this Agreement who, on its effective date, is a member of the Union will maintain Union membership as a condition of employment for the duration of this Agreement, by continuing to pay periodic dues and initiation fees uniformly required as a condition of such membership. The Union will not consider an employee to be in default of the obligation to pay dues until the Union has served written notification to the employee and the Company, and the employee fails to pay the dues within fifteen (15) days after receipt of the written notice.

Upon written request from the Union, the Company will terminate any employee who fails to pay dues within the aforementioned period.

b. All present and future employees who are not members of the Union on the effective date of this Agreement and who, thereafter, voluntarily join the Union, will maintain their membership for the duration of this Agreement as provided in

Section a above.

c. Following implementation of this Agreement, the Company will submit to the

Union a list showing the name and payroll number of each Union member and, thereafter, will provide an updated list on or before the last day of each month.

Section 6.2.

a. Upon implementation and during the term of this Agreement, all current employees and all employees hired, transferred or reinstated into the bargaining unit, who are not Union members, will begin paying Agency fees to the Union as a condition of employment. Such fees will be paid on the thirty-first (31st) day following employment or implementation of this Agreement and will continue until the employee is no longer employed within the bargaining unit.

b. The amount of such Agency fees are equivalent to the amount required to be paid as current dues by those employees who are Union members.

c. Employees will not be considered to be in default of the obligation to pay Agency fees until the Union has served written notification to the employee and the

Company’s Human Resources Representative and the employee fail to pay the fees

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030 within fifteen (15) days after receipt of the written notice. Upon written request from the Union, the Company will terminate any employee who fails to pay Agency fees within the aforementioned period.

d. The Company will explain the Union/Agency deduction to all new employees during the orientation process. Employees will be advised that they have until the thirty-first (31st) day of employment to complete the Union dues or Agency fees

Deduction Authorization Form and give the completed enrollment form to the designated Company Representative.

W91278-16-R-0030

ARTICLE 7.

UNION DUES/AGENCY FEES DEDUCTION

Section 7.1. The Company agrees to deduct Union dues or Agency fees as required under Article 6 of this Agreement. The Company further agrees to honor the Standard Form 1187

(SF1187), “Request for Payroll Deduction for Labor Organization Dues” to initiate Union dues allotment and a form provided by the Union to initiate Agency fees. The employee must sign the form initiating deduction of dues or fees.

Section 7.2. The Company will deduct Union dues and Agency fees for each pay period beginning the month after the employee submits the authorization to the Company. The Company will remit all dues and Agency fees within twenty (20) days to the Local’s Financial Officer. In addition, the Company will remit a list containing the following information:

a. names and social security numbers of all employees who have authorized dues/fees deduction,

b. the amount of deductions, and

c. names of employees for whom deductions previously authorized were not made with a reason for the non-deduction.

Section 7.3. The Union will remit a monthly report to the company containing the names of employees who owe dues or fees. The Company will deduct any amount owed with the employee’s next regular dues/fees deduction.

Section 7.4. Authorizations for Union dues or Agency fees deductions will continue in effect throughout the term of this Agreement unless specifically revoked in accordance with this

Article or other statutory provisions. Employees who want to terminate Union dues/Agency fees previously authorized must submit written notification to the Company, with a copy to the Union office. The letter must contain the employee’s social security number and department and must be signed and dated by the employee. The letter will become effective for the month following the month in which it is received by the Company.

a. An employee’s authorized dues/fees deduction will automatically terminate as of the next complete pay period if the employee is separated, transferred, or promoted out of the bargaining unit (except for temporary promotions), provided the Union is notified in writing.

b. After implementation or during the term of this Agreement, any employee laid off and

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030 recalled without loss of seniority, who initiated dues/fees deduction at the time of layoff, will continue payroll deduction upon recall; provided that the company has a valid

Deduction Authorization form in its files.

Section 7.5. The Union has the sole right to determine Union dues and Agency fees. The

Union will provide written notification of any change in dues/fees to the company and bargaining unit employees. The change becomes effective the next complete pay period after notification is given.

W91278-16-R-0030

ARTICLE 8.

UNION REPRESENTATION

Section 8.1. The number and need of stewards shall be determined by the Union, and appointments thereof will be made by the local Union President. The Union agrees to limit the number of stewards to a maximum of two. The Union reserves the right to designate alternate stewards on any shift to fill in for regular stewards who are off work or unavailable.

Section 8.2. The Local Union shall supply the Company, in writing, and shall maintain a current, a complete list of all authorized stewards, together with the designation of the group of employees each is authorized to represent.

Section 8.3. The Company agrees to recognize the officers and duly designated representatives of the Local Union, and shall be kept advised, in writing, by the Local Union of the names of its officers and representatives.

Section 8.4. It is recognized that the Company/Union Employee relationship can best be developed by minimizing the transfer or movement of union representatives outside their respective area(s) of jurisdiction. The Company agrees that in the event it is planned to transfer a steward, officer, or representative from one work shift to another, it will inform the Local Union as soon as reasonably possible prior to such action, except in emergency situations or as necessary to assure normal operations. In such cases, the Union may appoint an alternate steward in accordance with 8.1 above.

Section 8.5. The Company agrees to allow Union National and Local Representatives to visit its premises with reasonable notice to the Maintenance Superintendent. The Company reserves the right to reasonably regulate such visits to ensure uninterrupted, orderly, and efficient operations which satisfy workload and facility requirements.

Section 8.6. All visitation rights under this Agreement are subject to the Hospital’s or other governmental approval. The parties hereby agree that the Company is not responsible for the actions of the Hospital or Ft. Campbell, KY, in allowing or denying visitation rights. Subject to the foregoing, no employee will be denied the right to Union representation at any level of the grievance procedure.

Section 8.7. Time off from duty without charge to leave or loss of pay that is reasonable, necessary to carry out legitimate representation functions, and in the public interest, will be granted to duly appointed or elected stewards and officers. Provided, however, that such time off shall not

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030 exceed eight (8) hours per week total for all stewards and such representation shall not interrupt or interfere with the orderly and efficient operations of the Company and the completion of workload requirements. Stewards and officers must obtain permission from the Project Manager prior to leaving their work assignment to perform representation functions and Union representation time will be tracked on the Official Time request Form furnished by the Union. The representation functions for which time off is granted include the following:

a. to consult or negotiate with supervisors and management officials on personnel policies and practices, and matter affecting working conditions;

b. to consult with Union officials and prepare necessary correspondence in connection with formal or informal meetings with supervisors and managers;

c. to receive and investigate to conclusion employee complaints or grievances;

d. to advise employees of the rights and procedures for resolving complaints or grievances;

e. to be the personal representative of an employee at the employee’s request in complaints, grievances, and appeals;

f. to represent the Union or serve as an observer at grievance or appeal hearing;

g. to prepare necessary paperwork for an employee or the Union in connection with a complaint, grievance, or appeal.

Section 8.8. The Company agrees to grant use of its facilities/equipment as follows:

a. Bulletin Boards - The Company agrees to provide bulletin boards at agreed locations for the exclusive use of the Union for posting its notices. These bulletin boards will be enclosed, and equipped with a lock and key that will be in the possession of the duly designated Union official.

b. The Company agrees to grant access to telephones to conduct legitimate Union business.

Section 8.9.

a. Employees elected or appointed as Union delegates to state and national conferences, conventions, trainings, or seminars may be granted an unpaid leave of absence to attend such functions in accordance with Section 13.1 of this agreement or may utilize their paid vacation to attend such functions in accordance with

Article 17 of this agreement.

Section 8.10. At any examination of an employee in the unit by a representative of the

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Company in connection with an investigation if the employee reasonably believes the examination may result in adverse effect or disciplinary action against the employee. The employee bears the burden of requesting such representation and has the right to delay the examination until a Union representative is available.

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ARTICLE 9.

GRIEVANCES

Section 9.1. For purposes of this agreement, a grievance is defined as a dispute between the Company, its employees or the Union covered by this agreement concerning the application and interpretation of a specific provision or provisions of the agreement as written. A controversy as to any matter not specifically covered by an express provision of this agreement, or which arose prior to the signing of this agreement, shall not be subject to the grievance or arbitration procedures. The procedures set forth in this Article shall be the exclusive means for the disposition of all grievances under this agreement.

Section 9.2. All grievances shall be processed in the following manner:

STEP 1: Within five (5) working days of the occurrence of the incident giving rise to the grievance or within five (5) working days following the date the employee first became aware of or should have known of the occurrence, the affected employee shall first discuss the matter with the immediate Supervisor, and a shop Steward if desired. The objective is to attempt settlement informally. The immediate Supervisor will render a decision within five (5) working days after presentation of the grievance.

STEP 2: If the aggrieved employee is dissatisfied with the Step 1 response, the employee will present a written grievance to the Maintenance Superintendent within seven (7) working days after the occurrence giving rise to the grievance or the date employee knew or should have known of grievance under this agreement. The written grievance shall contain:

a. A statement of the occurrence giving rise to the grievance, containing all pertinent facts;

b. The Article and Section of this Agreement allegedly violated, and the manner in which it was violated;

c. The date, time and place of the alleged violations(s);

d. The names of person present, if known, who have direct knowledge of the facts involved;

e. A statement of what the aggrieved employee considers a reasonable and appropriate adjustment of the grievance (remedy);

f. The employee or group of employees affected;

g. The aggrieved employee’s signature; and

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h. The name and phone number of the aggrieved employee’s Union representative.

The Regional Manager shall provide a written decision to the employee and/or the designated

Union representative within five (5) working days after receipt of the Step 2 grievance. If the

Regional Manager does not respond within the time specified, the grievance will be deemed to have been denied by the Company and the grievance may be elevated to the next step.

STEP 3: If the matter is not resolved by the Regional Manager, the grievance shall be submitted to the Medical Facilities Division Director within five (5) working days after receipt of the Step 2 decision the Medical Facilities Division Director shall provide a written decision within five (5) working days after receipt of the Step 3 decision.

If the grievance affects more than one employee, only one employee shall represent the other grieving employees at all steps of the grievance procedure.

Section 9.3. If the Union or employee fails to appeal the grievance within the time specified, the grievance will be considered settled based on the Company's last decision. If the

Company fails to respond to the grievance within the time specified , it shall be considered denied and the aggrieved employee has the right to elevate the grievance to the next level.

Section 9.4. Stewards may receive and discuss grievances of employees during non-working time in areas that are not open to the public, including the Vending Machine Area.

Any presentation of grievances to the Company by a steward during work time shall require the steward to secure the permission of his supervisor before leaving his working area. Such permission shall not be unreasonably withheld (taking into account the Company’s work requirements), and stewards shall confine the presentation of grievances to times that will not be disruptive to the Company’s operations or the performance of his duties. If attendance by the employee on whose behalf the grievance is presented is necessary, the employee shall follow the same procedure in securing permission to leave his work area, as set forth above.

Section 9.5. All time in excess of eight (8) hours total allotted per week spent by the stewards in connection with the presentation of grievances shall be while they are off the clock and shall not be paid for by the Company. Except for the maximum of eight (8) hours per week, any investigation of grievances by stewards shall be conducted during the non-working time (i.e., before and after work or during break times or meal periods) of the steward and any employees involved in the investigation.

Section 9.6. An employee may request Union representation at any stage in the grievance procedure. The supervisor or other management official may not discuss the

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030 grievance with the employee unless and until his designated representative is present, once requested.

Section 9.7. Union or Company initiated grievances will be presented within five (5) working days of the occurrence or action giving rise to the grievance, or within five (5) working days after the moving party became or should have become aware of the occurrence or action. The grievance will be presented at the level with the authority to address the concerns of the moving party. The grievances may be presented using the above procedure or as a single step before arbitration at the regional Manager/Union President level.

Section 9.8. Time limits may be extended by mutual consent. Any agreement to extend time limits must be requested in writing and, upon approval, must be initialed by both parties.

Section 9.9. For purposes of computing time under any of the provisions of this

Agreement, the day of the occurrence, answer, or meeting shall be included in the calculation of time (i.e. counts as day one).

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ARTICLE 10.

ARBITRATION

Section 10.1. Only the Union or the Company may take a grievance to arbitration. If the grievance is not satisfactorily resolved at Step 3, the moving party may invoke arbitration within thirty (30) calendar days after receipt of the Step 3 decision. Such request must be in writing and must be submitted to the Medical Facilities Director. If the moving party fails to invoke arbitration within the time specified, the matter shall be considered settled.

Section 10.2. Within five (5) working days after invoking arbitration, the moving party will request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service

(FMCS). Any fees incurred will be borne by the moving party. The Union and the company will meet within five (5) working days after receipt of the list to select an arbitrator. If the parties cannot agree on an arbitrator from the list, they will flip a coin (once) and begin alternately striking names from the list, loser strikes first. The remaining name is the selected arbitrator. Should either party unreasonably delay or refuse to cooperate in the selection, the FMCS will be authorized to appoint an arbitrator selected by the moving party.

Section 10.3. The decision of the arbitrator shall be final and binding on the parties; however, such decisions must be limited to the interpretation and application of the specific provisions of the agreement, and the arbitrator shall not have the authority to modify or amend the provisions of this Agreement. In addition, the arbitrator's decision shall be limited to the issues or claims specifically set forth in the written grievance. The arbitrator shall not make any findings or determinations or rules on any claims or issues not expressly contained in the written grievance, nor shall he consider or give weight to any matter, evidence or testimony pertaining to issues or claims not contained in the written grievance.

Section 10.4. The expense of the arbitrator shall be borne equally by both parties, including any expenses incurred in obtaining a location for the arbitration. All other expenses shall be borne by the party incurring them, including the cost of witnesses, except for 10.5 below.

Section 10.5. Should the Union want employees to be witnesses at any arbitration hearing, the Company will reimburse the employee(s) for a maximum of eight (8) hours. Further, the Union will notify the Company within ten (10) normal working days prior to the hearing of the names of the employees who will be witnesses. The Company may stagger the release of the employees so as to not interfere with production.

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Section 10.6. The arbitrator shall hear only one grievance at a time.

Section 10.7. The Union and the Company agree to expedite cases involving discharge, including placing them at a higher priority than other pending cases.

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ARTICLE 11.

SENIORITY

Section 11.1. The Company recognizes seniority only to the limited extent set forth in this

Agreement. The Company recognizes seniority as a consideration in employment decisions as a factor secondary to experience, qualifications and demonstrated job performance. Demonstrated job performance means consideration where the employees may have the same experience and background in performance of duties, but one employee has demonstrated substantially greater skill in performing the duties and reliability in reporting for work. Where employees have substantially the same experience, qualifications and demonstrated job performance, the Company will utilize seniority as a factor in employment decisions between affected employees in the areas set forth in Section 11.3.

Section 11.2.

a. All new employees shall serve a probationary period of ninety (90) calendar days of continuous full or part-time employment, as applicable. The Company reserves the right to extend the probationary period up to an additional ninety (90) days to fully evaluate the performance of an employee who has been absent for an appreciable amount of time during the initial probationary period, with the agreement of the employee and the Union. During the probationary period an employee may be discharged at the Company’s sole discretion, without recourse to the grievance and arbitration procedures contained in this Agreement.

b. Seniority is defined as the greatest length of service the employee has at the hospital facility, regardless of the particular employer. Seniority entitles employees to certain rights and preferences provided in this Agreement.

Section 11.3. Seniority will be a factor in employment decisions on the basis set forth in

Section 11.1 hereof, in determining layoffs, promotions, recalls, transfers, changes in shifts, and job openings.

Section 11.4. The Company agrees to provide to the Union a seniority list on a semi-annual basis to include the name, job classification and date of hire of all employees.

Section 11.5. Vacancy Posting: The Company will post, for a period of six (6) days, with steward signing the day it is posted, job or shift openings for which employees may sign-up. The most senior qualified employee(s) who sign up for such posted position and the next most senior

Indefinite Delivery Type Contract for Operations, Maintenance & Incidental Repair and Minor Construction to Support MEDCOM

W91278-16-R-0030 qualified person may be assigned to the positions vacated. Any additional openings created by such moves will be filled in accordance with the Company’s past practice. The Company reserves the right to temporarily fill any job vacancies up to sixty (60) days without posting if, in the determination of the Company, a situation exists requiring such action.

Section 11.6. An employee’s seniority shall be lost by:

(a) If an employee quits or retires;

(b) Discharge pursuant to this Agreement;

(c) If an employee takes a leave of absence longer than 90 days, except for special circumstances approved by the Company;

(d) Failure to return to work from layoff or leave of absence at the time specified; and

(e) Transfer out of the bargaining unit (except for temporary assignments). If an employee is permanently transferred out of the bargaining unit and is reinstated at a later date, seniority will resume; however, time spent outside the bargaining unit will not count toward seniority.

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ARTICLE 12.

SEPARABILITY

Section 12.1. If any provision or part thereof of this Agreement is found to be in conflict with applicable federal or state law or regulation, or a contract requirement, such provision shall be deemed to be in effect only to the extent permitted by such law, regulation, or contract requirement. In the event any provision of this Agreement is thus rendered inoperative, the remaining provisions shall nevertheless remain in full force and effect, and the parties shall resume negotiations solely on the issue of said provision. In all matters covered by this Agreement, the

Union, the Company, and all bargaining unit employees are governed by applicable existing or future state and federal laws.

Section 12.2. In the event that a provision of this Agreement is thus rendered inoperative

By a change or modification in the Company’s Army contract requirements, the Company shall immediately forward to the Union a copy of the notice of modification issued by the Army’s

Contracting Office, along with the sections of this Agreement affected, and a proposal on modified language for the affected sections.

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ARTICLE 13.

LEAVE OF ABSENCE

Section 13.1. Personal Leave of Absence.

After one (1) year service at the facility, a leave of absence without pay, for reasonable cause, as determined by the Company, may be granted for a period up to ninety (90) calendar days, with written approval of the employee’s supervisor at least fifteen (15) days in advance of such leave of absence, providing the employee can be spared from his regularly assigned job duties.

Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without permission of the Company during leaves of absence, shall be considered to have voluntarily terminated their employment with the Company.

Employee shall not receive holiday pay for any holiday which falls during the period they are on leave without pay. Employees on personal leave of absence without pay, which extends beyond ninety (90) days, shall not receive any accrued vacation for that period of absence and shall have their seniority date adjusted.

Section 13.2. Military Leave of Absence.

a. The Company and the Union agree to abide by the provisions of the Selective

Service Act, and the Veteran’s Re-employment Act, insofar as the provisions of said Acts apply to the rights of employees and the obligations of the Company.

b. Employees who are members of the National Guard and Military Reserve Units shall be granted necessary time off, without pay, in order that they may fulfill their military obligations. These employees must notify their supervisor immediately upon receiving notifications of training period, or other obligations, requiring a military leave of absence. Employees may elect to use earned vacation benefits (if eligible) during periods of military service.

Section 13.3. Medical Leave of Absence.

Any employee desiring a…

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File details come from the government source that posted it. Updated Nov 14, 2017.