SUMMER 2020 2020 PACA Pulse.pdf · 2 days ago · States and New Mexico. 4. Promote professional relationships and understanding among the members of PACA. 5. Promote and facilitate

David RosprimPresident

505.948.1432

Michael Robson Vice President480.206.8110

Burke NelsonSecretary

505.269.3416

Brandon RemleyTreasurer

505.998.3479

Chris PatscheckProgram Officer

505.269.6422

Lenny BeanSmall Business Officer

505.553.0825

Ron UnruhBFI Officer

505.206.1033

SUMMER 2020

PROFESSIONAL AEROSPACE CONTRACTORS ASSOCIATION OF NEW MEXICOwww.pacanm.org

BOARD OF DIRECTORS

Ross Crown505.764.5402

PULSE EDITOR

Ro Saavedra505.830.2345

EDITORIAL SUPPORT & DESIGN

PulseACA

PRINTING COURTESY OF

Spaceport America NewsBy Bill Dettmer, Spaceport Liaison

Recent developments at Spaceport America include the following:

Dan Hicks On July 2 the New Mexico Economic Development Secretary Alicia Keyes, who chairs the NM Spaceport Authority’s Board of Directors, confirmed that Dan Hicks, CEO of Spaceport of America, was placed on leave pending an investigation that was initiated by a whistle blower. No details were given. Scott McLaughlin was selected to be the acting director.

Sunglider HAPSMobile Inc. held the first successful flight of the unmanned Sunglider™ solar-powered h igh-a l t i tude platform system (HAPS) at Spaceport America on July 23, 2020. HAPSMobile is a subsidiary of Japan’s t e l e c o m m u n i c a t i o n s operator SoftBank Corp. along with its minority owner and aircraft development partner AeroVironment, Inc. H A P S M o b i l e a n d AeroVironment had chosen Spaceport America for test operations and development o f t h e i r s p e c i a l i z e d communications platform. The so-called cell-tower in the sky aims to provide better communications to under-served areas, including rural communities. H A P S M o b i l e a n d AeroVironment invested $8 million in constructing a hangar, offices, and UAV

P.O. Box 9178Albuquerque, NM 87119

www.pacanm.org

test pad on the north side of the horizontal launch area at Spaceport America. They currently have approximately 35 employees living and working in Doña Ana and Sierra Counties.

HALE Swift Engineering’s high altitude long endurance (HALE) unmanned aerial system completed its maiden flight. The only US-made platform in its class, Swift’s flight team performed a full-system check, validating the vehicle’s configuration for high-altitude continuous surveillance missions. Through the collaboration with NASA, the successful flight trials took place at the Spaceport. Designed to operate unmanned

at 70,000 feet, the Swift HALE UAS offers 24-hour persistent and stable upper atmosphere operations for commercial and military surveillance, monitoring, communications, and security applications. An affordable alternative to satellites, the 72-foot solar-powered air vehicle weighs less than 180 pounds and can safely carry up to 15-pound payloads for missions.

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Fill in the blank… Membership has its ___________________________.” Anyone who was paying attention a couple of decades ago probably reflexively filled in the blank with “privileges,” harkening back to the old American Express slogan. That may be true to some extent, but being a member of an organization is an evolving concept, and PACA needs to think about how we’re going to evolve with it. In his post from November 5, 2015, Jeremy Miller, whose company Sticky Branding helps companies grow their brands, points out that “boomers join associations, young professionals join communities.” I see no reason why PACA can’t be both, so let’s look at where we are and figure out where we want to be.

Membership has its ... responsibilities. Here’s a synopsis of PACA’s purposes taken from our by-laws. I’m operating on the assumption that members have a responsibility to help PACA accomplish the following: 1. Assist in promoting and maintaining professional relations between the aerospace industry and national security industry represented by the PACA members and government agencies. 2. Conduct periodic conferences…to advertise and promote contract opportunities and contract capabilities. 3. Provide a forum for the exchange of information between the members of PACA and agencies supporting the national security and economic advancement of the United States and New Mexico. 4. Promote professional relationships and understanding among the members of PACA. 5. Promote and facilitate business collaborations among PACA members and their companies. 6. Help develop and advocate for changes to federal, state, and municipal legislation and regulations that would benefit PACA members.

Membership has its ... benefits. Here’s what we tout as the benefits to individual PACA members on the website: 1. Industry connections/networking2. Monthly meetings to learn about new projects and industry trends3. Collaboration with government officials4. Educational opportunities5. Industry-wide legislative advocacy6. Informative seminars exploring contractual or other issues7. Promotional opportunities8. Discounts to special events and opportunities to promote your business

Membership has its ... challenges. No one saw this COVID-19 situation coming a year ago. It has served as a wake-up call, forcing function, and in a

Philip Ferguson3D Glass Solutions

Membership MusingsBy Matt Keihl, Membership Chair

positive sense, a great opportunity for us to rethink how we conduct PACA business and interactions to become more relevant to younger members of the workforce while still building a sense of community across multiple generations. PACA needs your help overcoming these challenges, so please share your feedback on the following ideas in an email to me at [email protected]. I’ll compile your responses and report the results on a non-attribution basis to the PACA Board at our next meeting. Please use a 5-point scale where “1” means not likely/not in favor of and “5” means highly likely/very much in favor of. 1. If you haven’t already renewed your PACA membership for this year, how likely are you to do so? (I plan to call everyone on the current roster to ask this question, so if you want to avoid talking to me, please at least email me at [email protected]. 2. How likely are you to attend “virtual” luncheons — a video teleconference instead of an in-person meeting — where we would hear from a government keynote speaker? 3. Are you in favor of re-vamping PACA programs and offerings to members regardless of the pandemic-induced restrictions? Please let us know your thoughts on program content. wWhat speakers would you like to hear from? wWhat topics would you like to see addressed? wWhat do you think of the following possibilities (please rate 1 to 5)? - U.S. Space Force stand-up and its impact on NM. - Maj. Gen. Genatempo assuming command of the AF Nuclear Weapons Center and his vision/plans for the organization. - Recent re-vamping of systems engineering thinking away from the traditional “V” and how this could impact government procurement.

One final note… Did you know there’s a LinkedIn PACA group? You can find it at https://www/linkedin.com/groups/8428813/. Please join this group and leverage this platform to share information or present opportunities relevant to our community.

WELCOME New Member!

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By Ross L. Crown

Legal Insights: GAO Affirms Denial of Protest by Contractor Who Failed to Submit an Adequately Written Proposal

Continued on following page

The Government Accountability Office (GAO) recently denied a protest brought by a contractor who failed to submit an adequately written proposal for the award of a federal contract. Patriot Defense Group, LLC, B-418720.3, August 5, 2020, 2020 WL 4501318. This decision breaks no new ground legally but it serves as a timely reminder of how failure to identify the assumptions upon which a proposal is based will yield a disappointing result.

Request for Proposals The U.S. Special Operations Command issued a request for proposals for multiple indefinite delivery/indefinite quantity (IDIQ) contracts to provide a variety of professional, technical, management, and administrative services. The RFP recited that an award would be made to all “qualifying offerors,” defined as offerors that received a pass rating for administrative and responsibility matters, an acceptable rating for an IDIQ evaluation factor, and a substantial confidence rating for past performance. Among other things, offerors were required to submit a minimum of three past performance information sheets for contracts which were relevant to each offeror’s ability to perform the work described in the RFP. Prior contracts were to be assigned past performance relevancy ratings. The RFP warned offerors that they were required to include a rationale supporting the assertion of relevance. They were also to describe in detail how the company’s past performance on each contract applies to the “relevancy criteria” identified in the RFP.

Proposal at Issue The agency received 86 proposals, one of which was from Patriot Defense Group. Patriot’s proposal included three past performance references, two references for itself, and the third for a proposed subcontractor. The proposal self-assessed each of its three past performance references as “very relevant.” The Source Selection Evaluation Board (SSEB) found, however, that it could not

substantiate Patriot’s self-assessment and therefore rated the references less favorably than had Patriot. Based on the assessed relevancy and quality of Patriot’s past performance, the SSEB evaluated its past performance as warranting a limited confidence assessment overall. The agency concurred with this finding and did not include Patriot among the offerors deemed eligible for award. Patriot protested to the GAO.

GAO Standard of Review The GAO reviewed Patriot’s protest in light of its well-established standard for challenges to the evaluation of an

offeror’s proposal. Their role is not to reevaluate proposals; rather the GAO examines the record to determine whether the agency’s judgment was reasonable, and in accordance with solicitation criteria and applicable procurement statutes and regulations. In a negotiated procurement, it is an offeror’s responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates compliance with the solicitation and allows a meaningful review by the procuring agency.

GAO Finds Proposal Inadequately Written

Following an analysis of the record, the GAO determined that Patriot’s proposal failed to include sufficient information to support its self-assessments concerning the relevancy of its past performance. In particular, the GAO observed that Patriot’s self-ratings of its references did not identify the actual number of contracted personnel for these references. This is despite the fact that the RFP instructed offerors to provide sufficient substantiation in their proposals. Information regarding past performance was to include a rationale supporting the assertion of relevance. Patriot argued that certain excerpts from the proposal were sufficient for the agency to ascertain the number of contracted personnel for each reference. Although the protestor conceded that it did not include a figure for the number of contracted personnel, it nevertheless maintained that the agency should have gathered together scattered citations to various categories of personnel working on these contracts and calculated that they amounted to at least 24 personnel being assigned to each task order. The GAO disagreed with Patriot’s characterization of the agency’s duty to review its proposal, finding the argument advanced by Patriot was not consistent with either the RFP’s specific requirements for offerors to include supporting rationale and descriptions nor the GAO’s line of decisions affirming an offeror’s responsibility to prepare an adequately written proposal. According to the GAO, even

In a negotiated procurement, it is an offeror’s responsibility to

submit a well-written proposal, with adequately detailed information

which clearly demonstrates compliance with the solicitation and allows a meaningful review by the

procuring agency.

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Legal Insights continued

Ross is a par tner in the Albuquerque office of Lewis Roca Rothgerber Christie LLP where his practice emphasizes government contracts. He can be contacted at [email protected]. This article is intended for general information only and should not be construed as legal advice or opinion. Any questions concerning your legal rights or obligations in any particular circumstance should be directed to your lawyer.

If you know a potential member or anyone else who would like to receive the PACA Pulse, please forward their e-mail address to Kit Carman at kitcarman6@gmail. This is your newsletter. If you would like to contribute an article, make announcements (promotion, job change, or a new product or service), please submit your newsletter contribution to the editor, Ross Crown, at [email protected]. He can also be reached at 764-5402. Contributions are welcome!

Spread the News

Join PACA! PACA membership annual dues dues are $250*. The fiscal year runs from April 1 to March 31. Mid-year applications will be pro-rated. You may apply and pay dues at www.pacanm.org. For more information, contact the Membership Chair, Matt Keihl, at [email protected] or 505-362-6860. * Dues are subject to change.

if it was to impose on the agency the burden of deciphering the contents of the proposal, it found no basis to conclude the agency could have deduced the number of contracted personnel involved in Patriot’s prior efforts. The GAO then demonstrated the lack of substantiation in the proposal by posing a series of unanswered questions about the personnel assigned by Patriot to its past performance references.

Patriot further argued that its protest filings more clearly articulated the relevancy of its past performance. This additional information was of no help to the protestor. The GAO noted that its review is limited to the proposal as submitted. Agencies are not responsible for evaluating information that is not included in a proposal. The inclusion of clarifying information in a protest provides no basis for second guessing the agency’s contemporaneous evaluation of a proposal as submitted. The GAO concluded there was no rationale for questioning the reasonableness of the agency’s evaluation of Patriot’s proposal. The protest was denied.

Lessons to be Learned What is unfortunate about the proposal submitted by Patriot is that it represents a wasted opportunity. The disappointed offeror may have been fully qualified to meet the agency’s needs, but the contractor did not include the detail necessary to adequately communicate the proposal’s value to the government. Successful proposals reflect a comprehensive understanding of the information called for in a solicitation. All too often, proposals fail to disclose the factual assumptions upon which they are based. Contractors may be too close to the work to notice these buried assumptions. Such proposals can benefit from a review by an objective third party prior to submission.

All too often, proposals fail to disclose the factual assumptions

upon which they are based. Contractors may be too close to the work to notice these buried assumptions. Such proposals can benefit from a review by

an objective third party prior to submission.

President’s Corner By David Rosprim

. . .Greet ings! As the COVID-19 pandemic persists, PACA continues to look for ways to provide value to the members and to encourage membership! Here are some of the activities coming up.

....After much discussion, we have figured out a way to hold the 2nd Annual PACA Golf Tournament in support of STEM education in our state. While

many aspects of the tournament will be different this year to adhere to pandemic related restrictions, the important thing is that the annual event started last year is continuing without a lapse. See announcement on following page for details. Also, PACA will be starting virtual lunch time presentations in the near future. These will be very similar in format and style to the lunch presentations that we have had for so many years. At the start of 2020, there were many aspirations and ideas for PACA. It has taken some time to adjust to the new reality of COVID-19 in our professional lives, with our families as well as with PACA. Rest assured, however, we are committed to ensuring PACA continues to be relevant and beneficial to the aerospace industry in New Mexico, and beyond our state lines. Lastly, there are two positions on the PACA Board of Directors that are open. If you have any desire to be involved with the PACA Board of Directors, please let me know. I promise you will not be bored! Stay safe, stay healthy, and stay active in PACA!

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Directors’ & Officers’ Liability Insurance Can Protect Your Company

No matter the size of a company, government contractors — like other businesses — must recognize they could be targeted by litigation arising from the management decisions of its board members. And due to current conditions — political, economical, and social — every business owner is wise to consider directors’ and officers’ liability insurance (D&O policy). Unlike a commercial general liability insurance policy that provides coverage for claims arising from property damage and bodily injury, a D&O policy specifically provides coverage for a “wrongful act,” such as an actual or alleged error, omission, misleading statement, neglect, or breach of duty. A D&O policy provides defense costs and indemnity coverage to the entity listed on the policy, which may include the following:• Coverage for individual directors and officers• Reimbursement to the business for a contractual obligation to indemnify directors and officers who serve on the board• Protection for the organization or entity itself Typical protection coverage includes:• Entity coverage• Payment priority for insured persons• Severability of the insured as well as severability of the application• Coverage over time — for past, present, and future directors and officers• Pay on behalf clauseNote: A “fraud” exclusion is typically included in a D&O policy, which eliminates coverage for losses due to dishonest or fraudulent acts or omissions, or willful violations of any statute, rule, or law. Endorsements. Some D&O policies can be endorsed to provide employment practices liability (EPL) coverage and/or fiduciary liability protection.• EPL Endorsement - broadens coverage, but often does not provide a duty to defend clause and are subject to a substantial deductible• Fiduciary Liability Endorsement - provides coverage for liabilities arising out of ERISA, where fiduciaries can be held personally liable for losses to a benefit plan incurred as a result of alleged errors, omissions, or breach of their fiduciary duties Did You Know? Statistics show that shareholders and employees are the most likely group to sue private companies. Other parties may bring suits, such as the corporation itself, competitors, creditors, or regulatory bodies. To help ensure both your officers’ and the company’s well-being, a D&O policy is part of a comprehensive risk financing strategy. To help determine your company’s vulnerability to a lawsuit, call 505-923-9921 or email me at [email protected] to request a D&O liability scorecard. I will email the simple form which takes about two minutes to complete and score to immediately know your liability risk.

By Mark Menicucci

Mark Menicucci, a former PACA president, is owner and CEO of Menicucci Insurance Agency, LLC, a privately held, local and family-owned company. The agency has extensive experience in all areas of insurance and risk management.

Bringing STEM Education Up to Par

$125 per player includes boxed lunch

Sandia Golf Club30 Rainbow Rd. NEAlbuquerque 87113

505.798.3990

Register and pay online at:https:app.eventcaddy.com/events/2nd-

annual-paca-stem-golf-tournament

For more information contact:Kit at 505.236.8942 or

[email protected]

2nd Annual PACA “Non-Tournament” Golf Tournament

Monday, September 28, 2020Tee times start at 9:00 a.m.

100% of proceedsgoes to STEM education

in New Mexico

SILV

ER

Thank You PACA Sponsors!

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General Atomics Electromagnetic Systems is pushing the boundaries of scientific research to create first-of-a-kind advanced electromagnetic and electric power gen-eration technologies for critical defense, commercial, and industrial applications worldwide. GA-EMS’ portfo-lio of technologies and products deliver results both on their own and as building blocks for unique, integrated systems that harness electric power with high efficiency. www.ga.com

P a r s o n s Corporation

is a technology-driven engineering services firm headquartered in Pasadena, California, with more than 70 years of experience in the engineering, construction, technical, and professional services industries. www.parsons.com

Booz Allen Ham-ilton is a global consulting com-

pany headquartered in McLean, Virginia. BAH’s 23,300 professionals provide solutions to difficult management and technology problems through a combination of consulting, analytics, digital solu-tions, engineering, and cyber expertise. www.boozallen.com

BAE Sys-tems is a British multi-

national defence, security, and aerospace company. Its largest operations are in the U.K. and U.S. where its subsidiary is one of the six largest suppliers to the US Department of Defense. BAE Systems is involved in several major defence projects, including the Lock-heed Martin F-35 Lightning II, the Eurofighter Typhoon, the Astute-class submarine and the Queen Elizabeth-class aircraft carriers. www.baesystems.com

ASRC Federal companies deliver engineering, infor-mation technology, infrastructure support, professional and technical services and solutions to U.S. civil, intel-ligence, and defense agencies. Other markets include aerospace, aviation, intelligence and more. www.asrcfederal.com

nGENERAL BENEFITS FOR ALL SPONSORS • Your corporate recognition on the PACA website noting sponsor level.• Recognition included in the PACA Pulse.• One time each year space is provided for a tabletop display at a membership luncheon and the opportunity for a ten minute corporate overview presentation. The table will be either in the lobby or in the banquet room, depending on the size of the room. Also, depending on room arrangement and speaker presentation, special rules may apply per event.

nBFI BENEFITS FOR ALL SPONSORSNote: All BFI registrants must meet security requirements. • Free registrations (note quantity in categories below) and special reserved seating.

• Free both space (note area selection in categories below).

DIAMOND $8,000• Five registrations for the PACA annual Briefing for Industry. • Top choice of free booth space at BFI.

GOLD $5,500• Four registrations for the PACA annual Briefing for Industry.

• Second choice of free booth space at BFI.

SILVER $3,500• Three registrations for the PACA annual Briefing for Industry.

• Third choice of free booth space at BFI.

BRONZE $2,000• Two registrations for the PACA annual Briefing for Industry.

• Fourth choice of free booth space at BFI.

PREMIER SMALL BUSINESS $1,200Note: The requesting sponsor must demonstrate that the company is classified as a small business.• One registration for the PACA annual Briefing for Industry.

• Fifth choice of free booth space at BFI.

Support to PACA in the form of sponsorships helps make the organization a success while promoting your business. All sponsoring companies must include a PACA member in good standing. Please contact Andy Benson if you would like to take advantage of a sponsorship opportunity or for further information at 505-843-9639 or [email protected].

PACA SponsorshipOpportunities

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Silver Sponsors continued on following page

Page 7Bronze and Premier Small Business Sponsors continued on following page

AGI provides software for engineers, operators, analysts, and developers working on land, sea, air, and space systems. These include applications for satellite design and operations, space support, intelligence analysis, aircraft design and operations, missile systems, and development tools. www.agi.com

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ZEKBR, Inc. delivers professional and technical services from over 60 U.S. and 40 international locations and leads many of the world’s largest and most critical government programs. The com-pany’s core capabilities include logistics, engineering, operations, science, program and acquisi-tion management, IT, cyber and security services. www.kbr.com

SAIC is a VMware Enterprise Solution Provider, delivering on-premises private and hybrid cloud-based IT environments to federal and commercial customers. SAIC can architect, build, migrate, and operate tailored solutions using VMware technologies and services. www.saic.com

Headquartered in Bethesda, Maryland, Lockheed Martin is a global se-curity and aerospace company employing 105,000 people worldwide and engaged in the research, design, development, manufacture, integration and sustainment of advanced technology systems, products and servic-es. www.lockheedmartin.com

Gryphon is a premier engineering services firm with expertise in warfare systems and integration, naval architecture and marine engineering, program management, test and evaluation, and logistics. Gryphon provides the skills necessary to manage the development and operations of these mission critical systems. www.gryphonlc.com

Belcan Federal — formed by the acquisition of Intercom Federal Systems Corp. and The Kemtah Group, LLC — provides enterprise information technology support, applica-tion development services, cloud migration and integration, and cybersecurity support to multiple federal agencies. Belcan Federal is a division of Belcan LLC, a global firm. www.belcan.com

Fiore Industries offers a wide range of vertically-integrated, engineering, testing and analysis capabilities, including system design, instrumentation products, and mainte-nance/calibration services. www.fiore-ind.com

Sponsors continued . . . . . . SI

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UTC is a engineering, strategic planning, meetings management, and audiovisual services or-ganization providing support to a variety of programs in the areas of academic research collabo-ration; aerospace systems; materials and manufacturing; space vehicles; and directed energy. www.utcdayton.com

Empower RF Systems is a global leader in power amplifier solutions for defense, commercial, and industrial market applications. Empower advances the science of RF power amplification to produce rugged, power efficient, and cost-effective solu-

tions for original equipment manufactures, government agencies, and academic institutions. www.empowerrf.com

Leidos is a defense, aviation, information technology, and biomedical research com-pany headquartered in Reston, Virginia, that provides scientific, engineering, sys-tems integration, and technical services. www.leidos.com

Splunk Inc., a multinational corporation, produces software for searching, monitoring, and analyzing machine-generated big data, via a Web-style interface. Splunk makes machine data accessible across an organization by identifying data patterns, providing

metrics, diagnosing problems, and providing intelligence for business operations. www.splunk.com

Headquartered in Albuquerque, ATA provides advanced technologies and products for di-rected energy weapons, laser communications, and space systems. ATA has designed, developed, integrated, delivered, and field-tested systems for space, flight, maritime, and ground-based high energy laser and laser communication applications. www.atacorp.com

MEI Technologies offers solutions worldwide in systems design and development; applied engineering; cyber services and solutions; space access; testing and evalu-ation; human performance; and R & D to public and private sector customers. www.meitechinc.com

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Metis Technology Solutions, Inc. provides science and engineering services to federal agencies. Capabilities include aviation and space systems development; modeling and simulation in support of aviation and aerospace research; aviation safety analysis; and computing systems development and sustaining engineering. www.metis-tech.com

Sponsors continued . . . . . .

a.i. solutions, a small business, offers products and engineering services for space missions, the nation’s defense, and civilian space agencies. https://ai-solutions.com

Radiance Technologies has corporate facilities in nine states and project offices in 14 states (including White Sands Missile Range) and one foreign country. Its over 500 employees provide systems engineering, technology and prototype develop-

ment, production, and fielding for the DoD, armed services, and other government entities. www.radiancetech.com

Sierra Peaks, Inc. provides design, engineering, development, manufacturing, and test of unique electro-mechanical systems for various branches of the US. govern-ment including the military, law enforcement, and commercial industries including aerospace, automation, biometrics, defense, and security. www.sierrapeakstibbetts.com

Goodman Technologies LLC provides professional, scientific, system engineer-ing, and technical services to large U.S. corporate clients and government enti-ties. This includes 3D and additive manufacturing in polymers, ceramics, metals

and composites that provides a capability to analyze, design, manufacture, integrate and test complex system level products. www.goodmantechnologies.com

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Tecolote Research, Inc. is a 100% employee-owned nationwide company providing deci-sion support, program management, project controls, and software solutions. www.tecolote.com

Computer Engineering Company Stay tuned for business profile!

ARCTOS’ two business units of Technology and Mission Solutions provide full life-cycle system design and support to defense, space, and intelligence markets. This includes everything from fighter jets and rockets to simulations and cybersecurity software needed for complex, high-stakes missions. Clients in-clude the U.S. Army, Air Force, NASA, and other government entities. https://arctos-us.com

WELCOME NEW Bronze SPONSOR!

Studio Southwest Architects is a locally owned creative and collaborative design stu-dio based in Albuquerque for the past 35 years. Architects in the Albuquerque and Santa Fe offices strive to design physical structures that help to define the community

and integrate local culture and history. Projects have included UNM Hospital, the International Balloon Museum, PNM Headquarters, numerous schools and education facilities, the National Hispanic Cultural Center and the award-winning rooftop bar at Hotel Parq Central, to name but a few. www.studioswarch.com

WELCOME NEW Premier SB SPONSOR!

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