Roger Hoppe Retires After 43 Years of Ballooning

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1 ACA Puse FALL 2017 PO Box 9178 Abuquerque, NM BOARD OF DIRECTORS Mark Menicucci President Maini Hoover Vice President Burke Neson Secretary Lee Brinckerhoff Treasurer Michae Emerson Immediate Past President Stuart Purviance Program Officer Lenny Bean Sma Business Officer Ron Unruh BFI Officer PULSE EDITOR Ross Crown EDITORIAL SUPPORT & DESIGN Ro Saavedra UNDERWRITER PROFESSIONAL AEROSPACE CONTRACTORS ASSOCIATION OF NEW MEXICO Roger Hoppe Retires After 43 Years of Baooning Longtime PACA member Roger Hoppe retired from hot air baooning after 43 years of experience and 1,513 fight hours foowing this year s Abuquerque Internationa Baoon Fiesta. He took his first baoon ride in 1971 and was immediatey hooked on foating through the skis. By 1974 he was pioting his first of many fights under the tuteage of Sid Cutter (founder of the annua event), and has since fown in every Fiesta. He was the fiesta s overa champion in Roger has owned 11 baoons in his four decades of fying, cosing this chapter of his ife with Vocanic Motion. Two of his Vocanic Motion crew members were with his team since his maiden fight in baoon number one. Roger pans to remain in the baooning community coaching and mentoring other piots as they take to the skies. He has instructed more than 55 piots over the years. Roger ifts off with his sister Dotty Ford. President s Corner by Mark Menicucci Autumn is in the air, the Internationa Baoon Fiesta concuded with the best weather ever, eaves are turning, and the morning air is certainy cooer. The hoidays are around the corner, that treasured season when we can a reax and enjoy famiy, friends and the wonderfu country we are bessed to ive in. PACA s membership count is up and the 2017 BFI, which attracted the highest attendance in history, provided the opportunity for contractors and government representatives to discuss many biions of doars worth of upcoming contract opportunities. I want to take this time to acknowedge the PACA Board of Directors and Chairs who every month serve you. Stuart Purviance, our Program Officer, has been very successfu in attracting reevant and interesting uncheon meeting speakers. Thanks to Treasurer Lee Brinckerhoff, PACA s revenues are experty monitored and managed. Dar Johnson, our Sponsorship and Website Officer, is coaching us on how to successfuy garner more corporate sponsorships. Without our vaued sponsors, we woud not be abe Photos by Jim Thompson of the Abuquerque Journa continued on the foowing page

2 President s Corner continued to accompish PACA s mission. Ron Unruh, BFI Officer, is aready panning extra specia activities for next year s BFI that wi attract even more attendees. Sma Business Officer Lenny Bean educates sma businesses on the many governmenta opportunities avaiabe to them. Tere Anyaibe, Membership Committee Chairman, is ooking into the southern part of the state to recruit new members who have expressed an interest in PACA. Education Officer Caro Yarna does a great job in coordinating with New Mexico s four universities that we bestow schoarship money to from the BFI proceeds. Bi Dettmer is the Space Authority Liaison and possesses the vision and tenacity for seeing the Space Authority succeed. Genera (Ret) Dave Eichhorn, Air Force Liaison, keeps the Board apprised of new possibiities to deveop reationships with the Air Force. Ross Crown is our Lega Counse (assisted by Ryan Waters) in addition to the PACA Puse Editor. Cynnamon Spain provides administrative support and coordinates PACA events. Vice President Maini Hoover wi be hosting our annua Christmas party and has been a spark pug for the Board! Immediate Past President Michae Emerson continues to ead with great advice and knowedge of past operations. Lasty, wecome to David Rosprim of Torch Technoogies, Inc., the new Legisative Liaison. As first introduced in the Spring issue, a committee has been formed to expore the viabiity of PACA changing or expanding its charter and possibe ramifications, incuding the opening up of new member benefits and opportunities. Questions to be debated incude: What wi PACA ook ike in severa years? Does it continue as it has in the past? No one can dispute that PACA has been beneficia to the New Mexico aerospace community. Are there other things PACA coud do for its membership? Pease et me know if you wish to participate in in these committee discussions that wi transpire in December and January. David Rosprim wi soon announce dates. The committee s concusions and recommendations wi be presented to the PACA Board for consideration. PACA members and a guest are invited to attend the PACA Hoiday Luncheon Friday, December 1, 2017 Tanoan Country Cub 11:30 Socia 12:00 Lunch RSVP: Upcoming Luncheon Speakers January 16 Dan Hicks, Chief Executive Officer, Spaceport America...Dan Hicks began his 34-year career with the U.S. Army White Sands Missie Range (WSMR) in 1982 as a Test Conductor within the Materia Test Directorate. In 1991, he became the Supervisory Genera Engineer of the Patriot Missie System, eading the execution of a aspects of deveopmenta testing and combined deveopmenta/ operationa testing in the acquisition of a major miitary system. Later positions incuded Acting Division Chief, Technica Director of WSMR, the Chief of Staff, and in 2013, the Deputy Executive Director. He retired after 34 years of government service and in November 2016 took over the position as CEO of Spaceport America. A graduate of Las Cruces High Schoo, Mr. Hicks earned a B.S. in Mechanica Engineering from New Mexico State University where he received an honorary seection to the Mechanica and Aerospace Engineering Academy. February 20 Coone Brenda Cartier, (seected for promotion to Brigadier Genera) Commander of the 58th Specia Operations Wing, KAFB...Coone Brenda Cartier, heads the wing responsibe for training missionready specia operations, combat search and rescue, nucear security/ support, and distinguished visitor aircrews. She oversees the activities of 2,600 airmen, administering more than 118 training courses in 32 different crew positions, and training 20,000 students annuay. Prior to this assignment, Co. Cartier served as the vice commander, Air Force Specia Operations Air Warfare Center, Air Force Specia Operations Command at Duke Fied, Forida. Co. Cartier has depoyed in support of US Specia Operations Command missions wordwide incuding combat missions in Bosnia, Afghanistan, and Iraq. She hods a B.A. in Bioogy from the University of Caifornia and an M.A. in Miitary Studies from the American Miitary University. We meet the third Tuesday of each month at Tanoan Country Cub (Roing His entrance east of Eubank off Academy). Registration begins at 11:30 a.m. foowed by unch at noon. Members are admitted free and our guest fee is $20. To RSVP, register onine at Incude your name, guest s name, and menu seection. Pease RSVP by the Wednesday before the week of the meeting. Page 2

3 Lega Insights: Contractor May Pursue Caim for Vioation of Impied Contractua Duty Even Where No Express Breach of Contract Occurred This past spring, the U.S. Court of Appeas for the Federa Circuit permitted a federa contractor to pursue a caim for breach of the impied covenant of good faith and fair deaing under its contract even though the government did not breach an express provision of that contract. Agiity Pubic Warehousing Company KSCP v. Mattis, 852 F.3d 1370 (2017) was an appea by the contractor from a decision of the Armed Services Board of Contract Appeas finding that the government did not breach the terms of a suppy contract. Contractor Seeks Additiona Costs Not Recoverabe Under Contract Terms In 2002, Agiity entered into an indefinite deivery/indefinite quantity contract with the Defense Logistics Agency to provide food products to the miitary in Iraq from distribution faciities in Kuwait. Some of the food was deivered in refrigerated suppy trucks. Unfortunatey, the refrigerated suppy trucks were often subject to major deays in returning to Kuwait when deivery was made to forward operating bases. At forward bases, the miitary generay acked cod storage faciities. Without any pace ese to keep items needing refrigeration, the sodiers at these bases often hed the refrigerated trucks on-site to store food. The need to maintain refrigerated trucks on site caused the average turnaround time for these trucks to increase to 15 days, which was greater than the seven day turnaround time anticipated by the parties when they signed the contract. Some trips, however, greaty exceeded the average, resuting in arge expenses for the agency. One 154-day trip cost the government $99,445, which was more than the cost of a truck. Other deiveries resuted in the government paying $82,030, $65,905, and $63,325 for singe trips. In ight of these unexpected cost increases, the agency began discussions with Agiity about capping the fees for any singe trip. These discussions resuted in a modification to the contract which caed for a minimum number of days constituting a singe trip and a minimum cost for trips. Additiona days beyond the minimum trip ength woud resut in increased daiy fees. In return for these accommodations by the agency, the modification imposed a maximum number of 29 aowabe trip days on Agiity. The agency was not required to pay transportation fees beyond the maximum. Athough Agiity agreed to the 29 day cap in the contract modification, it caims that it did so with the understanding that it coud submit exceptions to the cap if the agency caused deays beyond the ength of the cap. The modification does not contain this anguage, however. Instead, Agiity based its argument on an e-mai exchange with the contracting officer. In those e-mais, Agiity informed the contracting officer that it By Ross Crown woud prefer to have the abiity to submit exceptions to the 29 day cap if a trip in excess of 29 days is unavoidabe despite its best efforts to prevent it. The contracting officer repied that exceptions to the 29 day rue wi ony be considered in the form of a caim. According to Agiity, this e-mai amounted to an agreement by the agency to make exceptions to the 29 day cap so ong as Agiity provided documentation to show that the government caused the deay beyond the 29 days. Agiity subsequenty submitted a caim for turnaround deays resuting from trucks hed in Iraq by the miitary for onger than 29 days. The contracting officer denied this caim in reiance on the modification. Agiity appeaed the caim denia to the ASBCA where the appea was aso denied. Agiity appeaed again to the Federa Circuit. The Court affirmed the ASBCA s decision that the government did not commit an express breach of contract. It stated that the contract modification imposing a 29 day cap on a transportation fees resuted in the parties sharing the risk of increased trave time rather than having the agency shouder the burden aone. The agency did not breach the contract by faiing to pay for days beyond the 29 day cap, even when deays beyond the 29 day cap were caused by the miitary using the trucks for refrigerated storage. Contractor Permitted to Seek Reief for Breach by Agency of Impied Contractua Duty Athough it found no breach by the agency of an express provision of the contract, the Federa Circuit did not simpy affirm the denia of the caim by ASBCA. Instead, it noted that Agiity s beief that it may be entited to some reief beyond the 29 day cap was not irreevant. The Court observed that an impied duty of good faith and fair deaing exists in government contracts just as it does between private parties. Athough a party to a contract cannot use an impied duty of good faith and fair deaing to expand the other party s contractua duties beyond those in the express contract or create duties inconsistent with the contract s provisions, a party might sti breach this impied duty by interfering with the other party s performance or by acting in such a way as to destroy the reasonabe expectations of the other party regarding the benefits to be provided by the contract. According to the Court, possibe breaches of the impied duty of good faith and fair deaing can incude evasion of the spirit of the bargain, ack of diigence and sacking off, wifu rendering of imperfect performance, abuse of the power to specify terms, and interference with or faiure to cooperate in the other party s performance. continued on foowing page Page 3

4 Lega Insights continued Appying these principes to Agiity s appea, the Federa Circuit stated that the government may have breached its impied duty of good faith and fair deaing by unnecessariy deaying the return of Agiity s trucks and by not increasing the miitary s on-site food storage capabiities. In other words, if the government simutaneousy imposed a cap and engaged in conduct that made it impossibe for Agiity to perform within that cap, the agency may have breached its impied contractua duties to Agiity. Thus, the Federa Circuit sent the appea back to the ASBCA and instructed the Board to consider whether Agiity proved that the government breached its impied duty of good faith and fair deaing. Significance of Decision The Federa Circuit s decision in the Agiity case is an important too that can be utiized by contractors in formuating contract caims. When the government s acts or omissions impede a contractor s abiity to perform a contract, the contractor may be entited to reief even if no express term of the contract is breached. Instead, the contractor has the right to maintain that the government interfered with its reasonabe expectations of the benefits it woud reaize under the contract. This ega authority heps to significanty expand the grounds upon which contractors may pursue vaid caims. Ross is a partner in the Abuquerque office of Lewis Roca Rothgerber Christie LLP where his practice emphasizes government contracts. This artice is intended for genera information ony and shoud not be construed as ega advice or opinion. Any questions concerning your ega rights or obigations in any particuar circumstance shoud be directed to your awyer. Join PACA! PACA membership annua dues are $150*. The fisca year runs from Apri 1 to March 31. Mid-year appications wi be pro-rated. You may appy and pay dues at For more information, contact our Membership Chair, Tere Anyaibe, at tanyaibe@aerotek.com or * Dues are subject to change. Spread the News If you know a potentia member or anyone ese who woud ike to receive the PACA Puse, pease forward their e-mai address to RoSaavedra@msn.com. This is your newsetter. If you woud ike to contribute an artice, make announcements (promotion, job change, or a new product or service), pease submit your newsetter contribution to the editor, Ross Crown, at RCrown@rrc.com or ca him at Contributions are wecome! PACA Sponsorship Opportunities Support to PACA in the form of sponsorships heps make the organization a success whie promoting your business. The Board has recenty added another sponsorship choice, the Premier Sma Business sponsorship for $1,000. Pease contact Dar Johnson if you have questions about sponsorships at or d_r_johnson@comcast.net. ANNUAL SPONSORSHIPS of $1,000 - $7,500: One time each year space is provided for a tabetop dispay at a membership uncheon and the opportunity for a five minute corporate overview presentation. The tabe wi be either in the obby or in the banquet room, depending on the size of the room. Aso, depending on room arrangement and speaker presentation, specia rues may appy per event. DIAMOND $7,500 Sponsor eve (Diamond) recognition on PACA website. Three registrations for the PACA annua Briefing for Industry. Advance eectronic ist of BFI attendees. Specia reserved seating at BFI. GOLD $5,000 Sponsor eve (God) recognition on PACA website. Two registrations for the PACA annua Briefing for Industry. Advance eectronic ist of conference attendees for the BFI. SILVER $3,000 Sponsor eve (Siver) recognition on PACA website. One registration for the PACA annua Briefing for Industry. Specia reserved seating at BFI. Advance eectronic ist of BFI attendees. PREMIER SMALL BUSINESS $1,000 The requesting sponsor must demonstrate the company is cassified as a sma business. Sponsor eve (Premier Sma Bus) recognition on PACA website. One registration for the PACA annua Briefing for Industry. Specia reserved seating at BFI. SMALL BUSINESS QUARTERLY LUNCHEON $400: (One sponsor per quarter for January, Apri, Juy, and October meetings and the December hoiday party). Company ogo on the PACA website. Booth at BFI. Two guests for the sponsored unch. Corporate ogo dispayed on signage for the sponsored uncheon. Introduction as the uncheon sponsor and be aowed to present a 5-10 minute overview of company. Corporate brochures may be paced on the uncheon tabes. A sma business sponsor may not sponsor another uncheon for tweve months. Page 4

5 Thank You PACA Sponsors! DIAMOND Raytheon Missie Systems provides expertise in high power eectromagnetics; pused power engineering, diagnostics, and effects testing; radio frequency and partice code simuation; airborne fight test and sateite systems support and tracking; arge faciity operations, maintenance, and engineering; sensor deveopment and diagnostics; contro and data acquisition systems; software and automation; materias fabrication, assemby, processing, and coating; quaity engineering; and document production, imaging, and management. As a eader in aerospace and defense technoogies, Orbita ATK designs, buids, and deivers space, defense, and aviation-reated systems to customers around the word. Main products incude aunch vehices and reated propusion systems; sateites and associated components and services; composite aerospace structures; tactica missies, subsystems, and defense eectronics; and precision weapons, armament systems, and ammunition. ATK empoys more than 12,000 peope in 20 U.S. states and severa internationa ocations. GOLD Peraton, formery Harris Corporation, is headquartered in Herndon, Virginia and empoys proximatey 3,500 empoyees across the U.S. and Canada. Peraton provides highy differentiated secure communications, space, and technoogy soutions to key customers, and has become a trusted partner on missions that are critica to the security priorities of the United States. Capabiities incude compex software and technoogy services and soutions, as we as end-to-end mission operations abiities, incuding software systems deveopment, cyber, modeing and simuation, mission operations, signa inteigence, and quick reaction capabiities / research and deveopment. Engiity (formery known as TASC, Inc.) is a premier provider of integrated services for the U.S. Department of Defense and other federa agencies, the inteigence sector, space communities, federa civiian agencies, and internationa customers. Engiity s professionas incude peacekeepers and security consutants; and technica experts in water, energy, agricuture, natura resources, disaster response and poitica transition. Services incude but are not imited to cyber security, data anaytics, engineering and technoogy ife cyce support, high performance computing, and enterprise modernization. Engiity is headquartered in Chantiy, Virginia. SILVER American Systems is a government soutions provider and one of the top 100 empoyee-owned companies in the U.S. with approximatey 1,400 empoyees nationwide. Based in the Washington, D.C. suburb of Chantiy, Virginia, the company provides test and evauation, training soutions, enterprise IT services, identity operations, and mission-focused engineering services to DoD, Inte, and civiian government customers. Moss Adams is a nationwide accounting and business consuting firm serving pubic, private, non-profits, and individuas through speciaized industry and service teams. A eader in assurance, tax, consuting, risk management, transaction, and investment management, Moss Adams has a staff of over 2,200 that incudes more than 260 partners working from 30 U.S. ocations. Siver and Premier Sma Business Sponsors continued on foowing page Page 5

6 SILVER Sponsors continued Becan, LLC is a goba suppier of engineering, technica recruiting, and information technoogy services supporting the aerospace, industria and government services markets. COLSA Corporation is a technoogy services and soutions company with significant experience providing the atest and most sophisticated engineering, information technoogy, and programmatic soutions for government and commercia customers. Riverside Research is a not-for-profit scientific research company primariy serving the U.S. Department of Defense and the inteigence community. ww.riversideresearch.org Parsons Corporation is a technoogy-driven engineering services firm headquartered in Pasadena, Caifornia, with more than 70 years of experience in the engineering, construction, technica, and professiona services industries. Wecome NEW Siver Sponsor Booz Aen Hamiton is a goba consuting company founded over 100 years ago. Headquartered in McLean, Virginia, BAH s 23,300 professionas provide soutions to difficut management and technoogy probems through a combination of consuting, anaytics, digita soutions, engineering, and cyber expertise. MEIT offers innovative soutions wordwide in systems design and deveopment; appied engineering; cyber services and soutions; space access; testing and evauation; human performance; and R & D to pubic and private sector customers. ATA is a precision measurement, sensing and contros company providing services and products to government and commercia customers. SMALL BUSINESS PREMIER Metis Technoogy Soutions, Inc. provides science and engineering services to NASA and other federa agencies. Capabiities incude aviation and space systems deveopment; modeing and simuation in support of aviation and aerospace research; aviation safety anaysis; and computing systems deveopment and sustaining engineering. MSI empoys a muti-discipinary team that coaborates to design, anayze, and buid airborne technica packages; aerospace test systems; aboratory apparatus for government and private sector customers; data acquisition systems; scientific instruments; iron bird test systems; and more. UTC is a nationay recognized engineering, strategic panning, meetings management, and audiovisua services organization providing support to a variety of programs in the areas of academic research coaboration; aerospace systems; materias and manufacturing; space vehices; and directed energy. Torch Technoogies, Inc., an empoyee-owned sma business, provides research, deveopment, and engineering services to the Department of Defense in the areas of weapon system performance anaysis; modeing and simuation; information technoogy; manned and unmanned aviation; test and evauation; and advanced technoogy research and deveopment. Page 6