Defense Transportation Journal

2012 NDTA Forum & Expo | Anchorage, Alaska | September 22-26

February 2012

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The US Army Reserve

Expeditionary Railway Center

An Enduring Army Rail Capability for Full Spectrum Operations

Department of Defense Transportation Contracts The Rules of the Road

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M & EXPO FORU Anchorage, Alaska September 22-26, 2012

FEATURES February 2012 • Vol 68, No. 1 Publisher

LTG Ken Wykle, USA (Ret.) Editor

Kent N. Gourdin Managing Editor

Christine Pooré | christine@ndtahq.com

The US Army Reserve Expeditionary Railway Center An Enduring Army Rail Capability for Full Spectrum Operations

By COL David T. Pollard

Department of Defense Transportation Contracts

Contributing editor

The Rules of the Road

Circulation Manager

By Matthew H. Solomson

Denny Edwards

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Leah Ashe

Copy editor

Jeff Campbell Publishing Office

NDTA 50 South Pickett Street, Suite 220 Alexandria, VA 22304-7296 703-751-5011 • F 703-823-8761 Graphic Design & Production ManAger

Debbie Bretches

Advertising Account Manager

Jim Lindsey

Advertising & Production Carden Jennings Publishing Co., Ltd. Custom Publishing Division 375 Greenbrier Drive, Suite 100 Charlottesville, VA 22901 434-817-2000, x261 • F 434-817-2020

departments A-35 News | Lori Leffler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Editorial | Dr. Kent N. Gourdin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 President’s Corner | LTG Ken Wykle, USA (Ret.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Professional development | Irvin Varkonyi. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Defense Transportation Journal (ISSN 0011-7625) is published bimonthly by the National Defense Transportation Association (NDTA), a non-profit research and educational organization; 50 South Pickett Street, Suite 220, Alexandria, VA 22304-7296, 703-751-5011. Copyright by NDTA. Periodicals postage paid at Alexandria, Virginia, and at additional mailing offices.

Subscription Rates: One year (six issues) $35. Two years, $55. Three years, $70. To foreign post offices, $45.

Single copies, $6 plus postage. The DTJ is free to members. For details on membership, visit www.ndtahq.com.

Postmaster: Send address changes to: Defense Transportation Journal 50 South Pickett Street, Suite 220 Alexandria, VA 22304-7296

Chapter spotlight | Jeff Campbell. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ndta news. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Pages future | COL Denny Edwards, USA (Ret.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 honor roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 chairman’s circle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Bookshelf Ideas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 index of advertisers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

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NDTA Headquarters Staff LTG Kenneth Wykle, USA (Ret.) President COL Mark Victorson, USA (Ret.) VP Membership COL Dennis Edwards, USA (Ret.) VP Marketing | Corporate Development Patty Casidy, VP Finance Christine Pooré Director, Public Relations Lee Matthews Marketing | Corporate Development Manager Leah Ashe Manager, Data Base Sharon Lo Executive Assistant Jeff Campbell PR Assistant | A-35 & Chapter Liaison Carl Wlotzko Coordinator, Banquet & Special Events Angie Payne Forum Administrative Assistant For a listing of current Committee Chair-persons, Government Liaisons, and Chapter & Regional Presidents, please visit our Association website at www.ndtahq.com.

Editorial Objectives The editorial objectives of the Defense Transportation Journal are to advance knowledge and science in defense logistics and transportation and the partnership between the commercial transportation industry and the government transporter. DTJ stimulates thought and effort in the areas of defense transportation, logistics, and distribution by providing readers with: • News and information about defense logistics and transportation issues • New theories or techniques • Information on research programs • Creative views and syntheses of new concepts • Articles in subject areas that have significant current impact on thought and practice in defense logistics and transportation • Reports on NDTA Chapters Editorial Policy The Defense Transportation Journal is designed as a forum for current research, opinion, and identification of trends in defense transportation and logistics. The opinions expressed are those of the authors and not necessarily of the Editors, the Editorial Review Board, or NDTA. Editorial Content For a DTJ Publication Schedule, Media Kit and Archives, visit /www.ndtahq.com/education_dtj.htm Dr. Kent N. Gourdin, Editor, DTJ Director of the Global Logistics & Transportation Program, College of Charleston, Charleston, SC 843-953-5327 • F 843-953-5697 gourdink@email.cofc.edu Christine Pooré, Managing Editor, DTJ NDTA 50 South Pickett Street, Suite 220 Alexandria, VA 22304-7296 703-751-5011 • F 703-823-8761 christine@ndtahq.com

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The Next Level Lori Leffler, CTC, A-35 Chair Global Government Strategic Manager, The Hertz Corporation

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arly or mid-career, most young professionals spend time and energy trying to figure out what will take them to the next level.

Knowledge and competence in business are vital to success, but with that also comes the people who can help you along the way; help you learn, develop relationships, and build on your successes. This can be done in several ways. First, find a professional organization such as NDTA and become active. Research what the organization has to offer and what interests you personally and professionally and then engage yourself. This engagement will help you meet people, make friends, and find mentors.

Friends will help you bring your personal and professional lives together. This might not sound exciting at first, but there is a lot to be said about professional friendships. I am not suggesting that you should become Facebook friends or talk to people that you know through work every day. However, attending lunches, dinner, and networking events will help develop personal relationships that you will value as years go by.

Mentors teach, guide, promote, and encourage us. They come in many varieties—not just someone in your chain of command or even your workplace. If you look around NDTA, there are many mentors, and I have found that the best mentors are those who have been mentored themselves. They understand the importance of helping people and want to see others succeed.

NDTA is again working with Military Surface Deployment and Distribution Command (SDDC) to provide a mentoring opportunity during the upcoming SDDC Training Symposium. You’ve heard of Speed Dating—well, give Speed Mentoring a try. We will hold a session that will put young professionals face-to-face with five different senior leaders who have made

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it to the top in the Transportation field. In small groups, you will have the opportunity to talk in depth with successful Active Duty and Retired Officers and NCOs, as well as Senior Civilian Government and industry employees. These leaders will share their personal and professional experiences that assisted in their career advancement— what got them to where they are and how that compares to what you are doing. You can ask questions and learn new practices to enhance your professional development and career advancement.

A study published by economist Sylvia Ann Hewlett found that both men and women who have a sponsor behind them are more likely to ask their bosses for a “stretch” assignment and are more likely to ask for raises than those without one, so join us in NDTA activities that will help you build friendships, find mentors, and advance your career!

A-35ers—we are the future. The future of our great nation and the future of NDTA. So, learn and remember everything you can from your friends and mentors because in the not so distant future we will be guiding the young professionals of tomorrow. DTJ

A-35 Event During the 2012 SDDC Symposium NDTA A-35 Veteran’s Benefit 5K Wednesday, March 7, 6:00am Proceeds to Camp Hope

Event Contact: Lori Leffler, A-35 Chair (lleffler@hertz.com) Sport Events Registration Contact: Patty Casidy, NDTA HQ (patty@ndtahq.com) 703-751-5011

EDITORIAL An Eventful Year Dr. Kent N. Gourdin, Editor, DTJ Director, Global Logistics and Transportation Program College of Charleston and a staunch American ally that is home to 20,000 plus US troops. Whether or not North Korea’s view of the world and the United States will change with the new leadership remains to be seen, but most pundits are not optimistic that the new government will be much different than the previous one.

Unfortunately, the economic recovery everyone was hoping for in 2011 has yet to occur. In fact, many international freight carriers have lowered projections for business in 2012 as well. Though business will improve eventually, the short term does not look good for the airlines, ocean carriers, trucking companies, and railroads that make up a large part of the DTS. When factoring in anticipated reductions in DOD traffic resulting from the withdrawal from Iraq, the situation

becomes especially dismal. 2012 will doubtless see both the DOD and its civilian partners working together to ensure that the DTS remains strong in the face of declining volumes in both the commercial and defense sectors.

Finally, on top of everything else, 2011 was one of the worst years ever for natural disasters. The US saw devastating tornados in Alabama and Missouri; catastrophic fires and drought in Texas; and deadly flooding both along the Mississippi River and in the northeast. Japan is still reeling from the killer earthquake and tsunami that hit in March, and Thailand continues its recovery from the worst flooding that country has experienced in 50 years. Rebuilding in all of these areas will take years, continued on page 28

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believe there is a rule someplace that requires any editorial written in December to examine the events of the outgoing year and their implications for the coming one. The reason for this introspection is the underlying belief that next year can always be better: we exploit our triumphs, learn from our mistakes, and prepare as best we can for the future. In the interest of not rocking the boat, I will adhere to this time-honored tradition.

The death of Osama bin Laden in May, followed by the withdrawal of all US troops from Iraq in December, signaled the end of at least one phase of the Global War on Terror. Looking at the sea of vehicles, equipment, and other supplies that will have to be returned to the United States or redeployed elsewhere, I realized that the demands on the Defense Transportation System (DTS) will continue for quite some time. A logistician’s work is never done, as they say. Unfortunately, the Middle East continues to be a volatile and dangerous place. Iran and Pakistan seem to be increasingly anti-American in their views and the fact that both have, or are suspected of having, nuclear capabilities is cause for grave concern. Finally, the war in Afghanistan continues, as does the ongoing need for secure and open supply lines to support US forces there. Unfortunately, between the problems in Pakistan alluded to earlier and the inherent vulnerability of the Northern Distribution Network, maintaining a continuous flow of fuel and other goods into Afghanistan will prove to be an ongoing challenge.

Kim Jong-il, the leader of North Korea, died in December, an event that will precipitate a great deal of uncertainty for the US in 2012. Arguably the most xenophobic and unpredictable nation in the world, North Korea’s possession of nuclear weapons makes them a serious global threat, as does their common border with South Korea, one of their greatest enemies

M & EXPO FORU Anchorage, Alaska September 22-26, 2012

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ogistics and Transportation companies doing business with the government/military will experience significant challenges in 2012. The Department of Defense will continue to seek ways to reduce costs. This will be the year that the Department starts to significantly reduce budgets. During the next several years, there may be significant reductions in force structure and manpower, a decline in operations and maintenance accounts, disproportional reductions in major acquisition programs—think ships, aircraft, and combat fighting vehicles—due to requirements to operate and support current equipment, a reduction in the number of forces forwarded deployed, more competition in service contracts, and a continued focus on gaining efficiencies.

These and other programmatic decisions will result in less people and materiel to be moved and fewer business opportunities.

The budget reductions in defense combined with a weak economy and the expected changes in Department of Transportation Rules–Hours of Service Rule for motor carriers, Crew Duty Rest Rule in aviation, potential changes in the maritime cargo preference policy—and the continuing uncertainty with the implementation of the Health Care legislation and financial reforms increase the costs to the logistics and transportation provider.

The results will be an extremely challenging business environment.

To mitigate these challenges requires a long-term solution for the national debt; carriers are working with DOD and USTRANSCOM to find ways to sustain the industry asset base, forging a true government/industry partnership on efficiency initiatives, and gain agreement on policy issues impacting operations.

The successful companies will leverage technology, seek operating efficiencies, ex-

plore partnerships and alliances, innovate, and seek new business opportunities. As the focus of US Defense Strategy and US trade shifts to the Western Pacific Region, Government logistics and transportation providers should follow the US initiative on Trans-Pacific Partnership to identify potential opportunities. Also closely follow the implementation of the recently announced stationing of 2,500 US Military personnel in Australia, and other stationing and Force Structure initiatives in the Pacific Region. While not yet clear, there will be business opportunities within the government/military market in 2012.

This issue of the DTJ contains two articles related to the topics mentioned above: “FAR vs. non-FAR-Based Contracting” and “Comprehensive Materiel Response Plan.” The contracting article is especially pertinent as the DOD transitions to more FAR-based contracting for services.

To learn about the current issues being faced by the Surface Deployment and Distribution Command and discuss solutions/initiatives, plan to attend the SDDC Training Symposium and NDTA Exposition in Denver, CO, 5-7 March 2012. Additionally, planning is well underway for the 66th Annual Forum and Exposition in Anchorage, Alaska, 22-26 September 2012. We are lining up a slate of excellent speakers, breakout sessions, and networking events. This is shaping up to be a oncein-a-lifetime opportunity to participate in a rewarding training and educational forum, combined with a visit to the last great frontier in the US. Plan to attend now: reserve your transportation and room early.

For more information on both events, visit our website: www.ndtahq.com.

Thank you for your confidence in the Association and the daily contributions each of you make in support of our nation’s economy and to our national security. DTJ

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PRESIDENT’S CORNER

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corporate member upgrades Sustaining Members • Dollar Rent A Car • Orbis Corporation

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The US Army Reserve Expeditionary Railway Center An Enduring Army Rail Capability for Full Spectrum Operations

US Army photo by Quentin Johnson/Released

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n 2010, when Brig. Gen. Ed Dorman was the US Army Chief of Transportation, he identified a requirement gap in the Army’s Title 10 responsibility to support the Geographic Combatant Commands (COCOMs) in the effective utilization of rail as a strategic multiplier throughout the Full Spectrum of Operations (FSO). This perceived gap is significant because a functional analysis identified effective rail planning, assessment, analysis, and advisement as a Geographic COCOM requirement.

Host nation (HN) support will undoubtedly become a larger function of the geo-strategic environment of the 21st century. Because infrastructure and theater transportation are inextricably connected to the broader geo-strategic environment, the Chief of Transportation, Col. Stephen Farmen, has focused on modernizing US Army Rail capabilities that can exploit and get the most from HN resources within the transportation spectrum.1 This effort has led to a force design update (FDU) that will provide the capabilities required for the contemporary operating environment. The FDU was approved by the US Army Training and Doctrine Command’s (TRADOC) Army Capabilities and Integration Center (ARCIC).

This new rail force structure will augment any COCOM’s effort with planning and advising on HN rail utilization to ex-

pand and expedite distribution within the area of responsibility (AOR). This new design will provide a full spectrum capability in all phases of an operation. In a period of diminishing military transportation assets, we have to look at doing more with less and utilizing HN rail as one way of mitigating this challenge.

The FDU for the existing US Army Rail structure is essential because it’s been more than 22 years since the last Army Rail FDU. The FDU to produce an enduring Army Rail capability for FSO is the United States Army Reserve (USAR) Expeditionary Railway Center (ERC). The mission of the ERC contrasts significantly with the mission of the 757th Transportation Battalion (Railway). The ERC will: • Provide rail network capability and infrastructure assessments.

• Perform rail mode feasibility studies and advise on employment of rail capabilities.

• Perform railway rolling stock capability assessments, track capability assessments, and provide an engineer officer to facilitate rail assessment capability and rebuild efforts.

• Coordinate rail and bridge safety assessments.

• Perform and assist with rail planning and support of military strategic and operational requirements.

• Perform functions as the primary advisors on railway operations to include interface and collaboration with rail (HN) officials to improve the national rail business model and support to nationbuilding.

• Coordinate use and deconfliction of HN or contracted rail assets.

• Perform Contracting Officer’s Representative (COR) duties to oversee contracts and provide quality assurance.

• Provide command, control, and supervision for subordinate railway personnel.

The ERC is designed for contemporary Army rail planning and COCOM assistance missions. The ERC can provide the expertise that is required to aid the restoration and development of railway systems in foreign nations in support of national security and to directly improve the present and anticipated future global security environment.

The nature of the global security environment is increasingly complex. With it is the necessity to understand globalization that is driven by rapid technological advancement, interdependent economies, and empowerment of individuals. In this environment we must recognize the need to operate continuously within the human terrain, where peace and stability are only sustained through the provisioning of safety and security for individuals.

By COL David T. Pollard, Military Surface Deployment and Distribution Command (SDDC), G-3/7 8 |

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Maslow’s Hierarchy of Needs is a theory in psychology, proposed by Abraham Maslow in his 1943 paper A Theory of Human Motivation. Safety is the second tier of Maslow’s hierarchy. Here individuals must achieve . . . Security of body, employment, resources, morality, the family, health, and property. Harvard’s Joseph Nye highlighted the importance of security in this way: “Security is like oxygen,” he said. “You tend not to notice it until you begin to lose it, but once that occurs there is nothing else that you will think about.”

In Full Spectrum Operations, at the high and low spectrum we must acknowledge the ERC capability as a means to enduring security for the indigenous population and HN. The ERC can simultaneously contribute to military deployment and distribution velocity, employment of an indigenous population, and HN’s regional economic development.

The ERC will contribute to the Defense Distribution Process Owner’s (DDPO) alternatives for sustaining the velocity of deployment, distribution, and redeployment.

Understanding that conditions of antiaccess or area denial to theaters of operations are turbulent, the DDPO must not be beholden to a single HN for a theatersustaining line of communications (LOC).

For example, today the Northern Distribution Network (NDN) has multiple options from origin to destination, and it also provides an alternative to the Pakistan ground LOC for movement of military and other cargo into and out of Afghanistan.

It has been evident since early in Operation Iraqi Freedom (OIF) that the existing Army rail capability must be transformed to provide relevant support for contemporary conflict. It is generally agreed that it was a missed opportunity during OIF to maintain an Army rail planning and assessment capability at interagency and various military headquarters levels, along with an assessment, advisory, and training assistance with the Iraqi Republican Railroad. Coalition distribution along with the country of Iraq could have benefited significantly from this investment. Mr. Dave DeCarme served as the Department of State (DOS) Transportation Attaché in Bagdad, Iraq, in 2008– 2009. He made the following observation: “As part of civil/military coordination and cooperation efforts in developing host nation capacities, the US Army rail transforma10 |

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USAR Railway Planning and Advisory Team pictured with other members of the team and GIRoA Minister of Mines (MoM) Shahrani. From left to right in the front row: SFC Corey Hildrebrand (USAR), MAJ Scott Meyer (USAR), MAJ Tim Christensen (USAR), Minister Shahrani, Elliott Shepherd (GS-14), Barbara Pelliter (GS-15), MAJ Vanna Walker (USAR).

From left to right in the back row: Lt COL Brown (UK Army), SFC Shawn Stokes (USAR). tion, working with US, coalition, and host nation civilian elements, has the potential for improving rail system operations, which in turn can be a significant contributor to broader economic development.”

The ERC first offers a capability to see and plan for rail LOCs, like the NDN, early in the Geographic COCOM deliberate planning effort. Next it allows for the ERC team low spectrum Peacetime Military Engagement for country rail system restoration and development. Finally, the ERC responsively deploys to contribute to middle spectrum military stability operations or high spectrum military full combat operations in the execution of a theater distribution plan and HN rail system strategic development.

This capability is designed as not only a deterrent for persistent conflict, but also a response for persistent containment. The safety and security of an indigenous population is a compelling and powerful force against insurgency and radical Islamic movements. Sun Tzu (544 BC–496 BC, China) is the author and military strategist that provides insight and simple instructions in The Art of War. In this work he proclaims: “The supreme art of war is to subdue the enemy without fighting.”

Historically it is commonly recognized that a developing country’s stability and economic growth can be tied to a national

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rail system that is regionally connected.

Any use of a HN rail system for sustaining theater deployment, distribution, and redeployment should be accomplished with the intent to develop a nation’s economic engine and employ as much of the indigenous population as possible. In so doing we improve individual security, as well as national and regional stability. The strategic objective is to de-escalate hostilities as quickly as possible and return to low spectrum peace and stability operations.

Then the challenge would be to continue to establish conditions to discourage a reescalation of hostilities.

Cordell Hull was the longest serving US Secretary of State, holding the position for 11 years from 1933 to 1944. For his key role in the development of the United Nations, Hull received the Nobel Peace Prize in 1945. Cordell Hull recognized the direct correlation between sustained international trade and regional stability.

He used to say, “Where trade crosses borders, armies do not.”

The USAR ERC if fully resourced can facilitate sustained international trade. It is at its best when employed along with a Joint, Interagency, Intergovernmental, and Multinational (JIIM) team of stakeholders. Understandably, the USAR ERC contribution to this team provides the greatest expeditionary capacity that can be responsively compelled to deploy from the USAR through mobilization. Under many conditions, the same responsiveness

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Railroads Recognized for Commitment to Military Veterans

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he freight railroad industry has been recognized for the seventh consecutive year by G.I. Jobs magazine, for their commitment to hiring military veterans.

The magazine named five Class I NDTA member-railroads to their annual “Top 100 Military Friendly-Employers” list.

“America’s freight railroads proudly support America’s service men and women and their families,” said Edward R. Hamberger, president and CEO of the Association of American Railroads. “Not only have railroads historically been a critical link in the supply chain during wartime, but freight rail has been an industry in which many members of the armed services have found good-paying, private sector jobs. Today, almost 25 percent of the employees working for the nation’s freight railroads are current or former military service men and women.

“There is an attitude and skill set indicative of railroad employees that mirrors greatly with those of military service men and women,” said Hamberger. “Those characteristics that make for a successful military career also make for a successful railroad career. The freight rail industry plans to hire 15,000 people in 2012, and we want veterans to consider a career in railroading.”

Hamberger said railroads aggressively seek out military personnel because they know a good recruit when they see him or her. To attract such talent, individual railroads have instituted military recruitment programs and offer competitive benefits: BNSF Railway’s (BNSF) military staffing program began in 2005, and has been managed for the past three years by US Army First Sgt. (Ret.) John H. Wesley III. The company’s commitment to the military is demonstrated in its policies which “go above and beyond” the laws of the Uniformed Services Employment and Reemployment Rights Act (USERRA) for Guard and Reserve employees. BNSF offers enhanced and extended benefits for employees and their family members when called to active duty, including make-whole pay and continued health care. In addition, the company offers 15 days of make-whole pay, without requiring the use of any vacation for annual training and drill duty. BNSF has hired more than 4000 veterans since 2005 and currently employs approximately 7000 vet12 |

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erans. In 2011, BNSF was named the No. 1 “Best Employer for Veterans” in the US by Military Times EDGE magazine (EDGE).

CSX has made a strong commitment to employing and supporting veterans; one in five new CSX employees is a veteran of the Armed Forces. For employees continuing to serve in the National Guard and Reserve, CSX provides extremely competitive military benefits, including differential pay based only on military base pay and the continuation of benefits for up to 15 days a year for annual training and for up to five years for state emergency duty and federal deployments. In addition, CSX supports the Wounded Warrior Project, which provides programs and services for injured service members to aid their transition from active duty to civilian lives. The company has been recognized since 2006 as a Top 100 Military Friendly Employer

by G.I. Jobs magazine and was recently awarded the 2011 Secretary of Defense Employer Support Freedom Award, the DOD’s highest recognition for companies that provide exceptional support for employees serving the Guard and Reserves.

Kansas City Southern (KCS) supports employees in the uniformed services and is committed to hiring transitioning service personnel and others with military experience. The company’s efforts include job fairs, placing hiring stories in the media and advertisements in magazines such as G.I. Jobs. In 2008, KCS was recognized by the National Committee for Employer Support of the Guard and Reserve as a patriotic employer for its contribution to national security and protecting liberty and freedom by supporting employee participation in America’s National Guard and Reserve Force.

Norfolk Southern (NS) actively recruits veterans for careers in railroad operations and management. The company participates in military job fairs, attends transition assistance events throughout the Eastern US and participates in the Army’s PaYS recruiting program. Fifteen

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percent of NS hires previously served in the Armed Forces. The company is considered a Consistent Performer by GI Jobs magazine, an honor reserved for those companies that have been included on the Military Friendly Employer list for three or more years. “Military veterans and Reservists have leadership experience, technical skills, a strong work ethic and a personal commitment to safety—qualities that are a match with working at Norfolk Southern,” said CEO Wick Moorman.

“In return, Norfolk Southern offers veterans a long-term career, opportunities for advancement and a challenging work environment where they can be successful.”

Union Pacific (UP) developed a militaryspecific recruiting plan that includes involvement at military transition offices, military education offices, Reserve units, military panels, National Guard units, career fairs, information sessions, employer panels, résumé review assistance and serving on local military committees and boards.

UP encourages military personnel to apply within three months of their separation date and dedicates a section of its web site to military hiring. For the last six years, Union Pacific has been recognized as one of the most Military Friendly Employers in America by G.I. Jobs magazine, ranking No. 1 on the magazine’s 2005, 2006 and 2010 lists. In addition, UP was named the No. 3 “Best Employer for Veterans” by Military Time’s EDGE magazine in 2011 and was presented the Military Officers Association of America Distinguished Service Award in 2009. The company is a member of the Army Reserve’s Employee Partnership Initiative, a supporter of the Army Partnership for Youth Success program and a past recipient of the Freedom Award, the US government’s highest employer recognition.

Learn more about job opportunities for veterans with America’s Class I railroads.

Source: Association of American Railroads

is not likely with rank and file employees of the civilian instruments of national power, nor is it prudent to assume the responsive availability and resourcing of An ERC will help contribute to global security, which contributes to economic stability in the US and potentially better bottom-line earnings for our US Employer Partner Rail Companies. private sector contractors.

Early and continuous Military Surface Deployment and Distribution Command (SDDC) and Transportation Engineering Agency (TEA) analysis, coupled with ERC rail expertise drawing from civilian acquired skills and integrated in COCOM planning efforts, can contribute to a multimodal theater distribution program (TDP). Deliberate incorporation of the Rail mode in theater engagement and TDPs provides a means of countering anti-access and area denial conditions, as well as tremendous savings in soldiers and

Army equipment. This is smart business within the human dimension of contemporary operations, and it also adds to military equipment life cycle savings (military trucks), and management of theater military personnel caps (military truck drivers and maintainers). An ERC will help contribute to global security, which contributes to economic stability in the US and potentially better bottom-line earnings for our US Employer Partner Rail Companies.

At less than 200 soldiers, this capability is a tremendous bargain, coming at the relative cost of less than 2 truck companies or other higher density capability.

The bottom line is that in terms of the Army force structure as a whole, it is “penny wise and pound foolish” not to have the ERC capability resourced and available.

The Headquarters Department of the Army published Fiscal Year 2013 Command Plan Guidance on January 4, 2011.

Key structure guidance provided is: The Army’s goal is to build a versatile mix of tailorable organizations, operating on a rotational cycle, to provide a sustained flow

of trained and ready forces for FSO. The Army continues to experience tremendous change. We remain at war and are balancing the operating and generating forces across the program while addressing the challenge to balance requirements with affordability. With these qualities in mind, the Army Rail FDU is best sustained in the USAR for affordability and access to civilian acquired skills through partnership with the private railway industry.

The Chief of Army Reserve, LTG Jack C. Stultz, describes his vision for the USAR: An enduring operational force, the Army Reserve remains the premier force provider of America’s Citizen-Soldiers for planned and emerging missions at home and abroad. Enhanced by civilian skills that serve as a force multiplier, we deliver vital military capabilities essential to the total force.

The USAR is a great return on investment for America. The USAR will capably generate a sustained flow of trained and ready Army Rail forces for FSO on a ro-

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Union Pacific is committed to providing quality transportation to the military. Every year, we ship thousands of rail cars of ammunition, Humvees, tanks and other various types of military equipment. Our geographic reach and direct connections to 25 military facilities allow us to deliver equipment across the country between military installations or to a port for overseas deployment.

Visit us at www.up.com/military to learn about our customized, comprehensive transportation solutions.

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2012 DTJ.indd 1

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tational cycle with five Railway Planning and Advisory Teams. It will do it at well below the cost of maintaining the structure on active duty. The ERC is a low-density capability with a critical contribution for the US Army’s versatile mix of tailorable organizations. The Army Reserve is ideally suited to provide the ERC for expeditionary military operations and international engagement activities, such as peace building and security cooperation.

Commercial railroads are a fine example of the potential for access to civilian acquired skills. Employer Partnership for the Armed Forces offers a great opportunity for the USAR to draw upon the rail expertise offered by employees in these companies.

Sustaining this critical expeditionary and international engagement capability can be accomplished in part through effective stationing of the ERC Planning and Advisory Teams in cities where we find Class 1 railroad headquarters or their interchange points. Additionally, we will continue to capitalize on the benefits of the Employer Partnership of the Armed Forces, an initiative began by LTG Stultz.

This partnership is a win-win situation for service members, employers, and the nation as a whole. Today, many commercial railroads are Employer Partners.

Commercial railroads are a fine example of the potential for access to civilian acquired skills. Employer Partnership for the Armed Forces offers a great opportunity for the USAR to draw upon the rail expertise offered by employees in these companies.

The industry actively seeks to hire employees with military experience who are a good fit for the 24/7/365 culture of the railroad industry, and military experience translates to management opportunities.

The Army will benefit by capitalizing on the skill-rich characteristics of USAR Warrior Citizens. However, the USAR must not go it without the SDDC, the Army’s “Global Surface Transportation Experts.” SDDC’s mission is to “Provide expeditionary and sustained end-to-end deployment and distribution to meet the Nation’s objectives.” SDDC’s vision is to be “The recognized and trusted leaders in delivering innovative end-to-end deploy14 |

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ment and distribution excellence across the full range of military operations.” Rail is a significant component and enabler of the SDDC mission and vision, and the command plays an important role in Army rail transformation for FSO. Beginning in October 2011, SDDC and the USAR in support of CENTCOM and the International Security Assistance Force (ISAF) have an Army Railway Planning and Advisory Team deployed to Kabul, Afghanistan. The team brings with it strong civilian acquired management and operations experience from CSX, Sierra Northern Railroad Company, and the Terminal Railroad Company. They also have extensive experience with military rail operations in CONUS. The team includes MAJ Scott Meyer who was the US Forces–Iraq rail subject matter expert in Iraq from 2008 to 2009.

In Afghanistan, this team is contributing to the following main objectives: 1) Acquire strong visibility on GIRoA’s initiatives to start effective operations on the new Mazar-Hairatan Railway, which contributes to middle to high spectrum military operations through the improved velocity of military cargo movement into and out of Afghanistan; 2) Work with ISAF, US Department of State (USDOS), US Department of Transportation (USDOT), US Federal Railroad Administration (FRA), and the GIRoA to develop a Rail Strategy for Afghanistan, focused on sustained regional stability and economic development with a return to lower spectrum Peacetime Military Engagement.

The team working closely with the GIRoA’s MoM will strategically link its National Rail System to coal and iron ore deposits. This is a strategy with potential for sustained revenue streams and regional economic development.

SDDC is also working with AFRICOM to conduct low spectrum Phase 0 Peacetime Military Engagement between the USAR Soldiers and representatives of the Ugandan Defense Force (UPDF). In Uganda, the US Army Rail team will assess and advise the UPDF unit’s mission, force structure, typical operations, maintenance tasks, exercise participation, and training programs at its Lugazi University.

The team will discuss ways to assist the UPDF with developing a concept of operations for a Ugandan Railroad Battalion along with all the training, curriculum,

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and TTPs that may be required. SDDC and the 757th Railway Battalion will also prepare for a visit by UPDF officers to the US in 2012 as part of continuing to develop the military to military engagement.

In conclusion, the engagements in Afghanistan and Uganda can be a springboard to overcome the capability gap discerned by former US Army Chief of Transportation BG Dorman in 2010. Additionally, a catalyst for modernization of US Army Rail capabilities is the focus of the current US Army Chief of Transportation, COL Stephen Farmen. The gap can be closed if the Army acts with foresight to use the talent and synergistic potential of a USAR ERC along with SDDC, TEA, and Employer Partnership of the Armed Forces. If integrated and used in a concerted and continuing way to answer the rail advisory requirements of geographic COCOMs, the gap remains closed. Rail support to Afghanistan and Uganda in 2011–2012 can be the beginning of a wider policy that promises significant benefits at an affordable cost.

This author recommends that the US Army fully resource the ERC FDU and that SDDC and USAR continue to assist Geographic COCOMs with Army Railway Planning and Advisory Teams until the ERC can be activated; that the Office of the Chief of Transportation and Sustainment Center of Excellence remain engaged with collection and analysis of current rail team efforts and future doctrine and organization development of the ERC; and that when the ERC activates, it be with a stationing plan that facilitates close Employer Partnership with the US Rail Industry. DTJ 1 21st-Century Logistics: Joint Ties That Bind, STEPHEN P. FERRIS and DAVID M. KEITHLY

Editorial Acknowledgements: A special thank you to each of the following individuals for their editorial review and guidance for the completion of this article; Dr. Kent Beck (SDDC Historian), Mr. Robert Korpanty (TEA), COL Larry McColpin (US Army Office of Chief of Transportation), Mr. David Dorfman (TEA), MAJ Timothy Christensen (USAR), MAJ Scott Meyer (USAR), Mr. James Powell (SDDC Deputy G-3/7), COL Walter Weaver (SDDC G-3/5).

DoD’s Partner of Choice for Multimodal Logistics & Strategic Sealift

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nambiguous laws and contracts serve an important dispute-avoidance function. When parties to a business deal have a clear and detailed understanding of their mutual legal rights and obligations, the likelihood of a costly dispute—in terms of both business disruption and litigation expense— decreases dramatically. Put differently, room for disagreement in a contractual relationship is more likely to exist where both parties have at least some basis to argue that either the law or contract terms support their respective positions. And that is true whether or not the agreement in question is an ordinary commercial contract or a government contract.

With respect to Federal government contracts, the deck is often stacked in favor of the government and against the private contractor. There are plenty of sound and widely-accepted policy reasons for that state of affairs. The consequence of that reality, however, is that contractors must have a thorough understanding of the law governing their relationships with the Federal government. Similarly, when Federal government officials are clear regarding the parameters of the contracting, performance, and disputes processes, costly disagreements may well be avoided.

Department of Defense (DOD) transportation contracts, in particular, present a unique challenge because they are not necessarily governed by the Federal Acquisition Regulation (FAR) and other procurement statutes and regulations familiar to government contract profes-

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sionals. Thus, both government contracting officers and private sector contract managers—not to mention their attorneys—are less likely to be familiar with the rules of the road for government transportation contracts. Moreover, the law governing DOD transportation contracts, in several respects, is far from clear.

Accordingly, this article aims to provide an overview of the basic DOD transportation contracting rules and principles, with the goal that, when everyone is on the same page, cooperation is enhanced and disputes are minimized.

Government Contract Basics

The FAR establishes, codifies, and publishes uniform policies, procedures, and rules for all “acquisitions” (except where expressly excluded) by Federal executive agencies. The FAR, in turn, defines “acquisition” as “the acquiring by contract with appropriated funds of supplies or services . . . by and for the use of the Federal Government through purchase or lease . . .”

In general, the formation of a government contract, like an ordinary commercial contract, requires a mutual intent to contract, including an offer, acceptance, and consideration. A contract with the United States also requires that the government representative who enters into an agreement have actual authority to bind the government. Pursuant to the FAR, only a government official possessing a contracting officer’s warrant is authorized to bind the United States to a contract.

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Offerors or prospective offerors may challenge a variety of government procurement actions by a bid protest with either the Government Accountability Office (GAO) or the United States Court of Federal Claims (COFC). The GAO’s jurisdiction is governed by the Competition in Contracting Act (CICA), which authorizes the GAO to decide protests concerning alleged violations of procurement statutes or regulations.

That statute also authorizes the GAO to consider protests involving objections to solicitations for bids or proposals, for proposed contracts, or objections to proposed awards of contracts. Similarly, the COFC has jurisdiction to hear suits by contractors objecting to a solicitation Department of Defense (DOD) transportation contracts, in particular, present a unique challenge because they are not necessarily governed by the Federal Acquisition Regulation (FAR) and other procurement statutes and regulations familiar to government contract professionals. Thus, both government contracting officers and private sector contract managers—not to mention their attorneys—are less likely to be familiar with the rules of the road for government transportation contracts. by a Federal agency for bids or proposals for a proposed contract or to a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement.

Disputes regarding the performance of a DOD contract (e.g., suits for breach of contract or claims for additional compensation) may be heard either by the COFC or the Armed Services Board of Contract Appeals (ASBCA). In such cases, the COFC has jurisdiction, depending upon the type of contract, under the Tucker Act and/or the Contract Disputes

Act (CDA). The ASBCA hears contract disputes under the CDA. The United States Court of Appeals for the Federal Circuit is charged with resolving appeals from both the COFC and the ASBCA. Whether and to what extent these various statutes apply to DOD transportation contracts is addressed in more detail below.

Government Transportation Contracts—An Overview

A brief review of the statutes and regulations underpinning government transportation contracting is useful.

The Transportation Act of 1940 amended the Interstate Commerce Act (ICA), a statute originally enacted in 1887, with the goal of eliminating discrimination in the provisioning of interstate transportation services.

Under Section 321 of the Transportation Act of 1940 (codified, as amended, at 49 U.S.C. §§ 10721 and 13712), carriers may provide transportation services to the government at no charge or below a published tariff. In that regard, 49 U.S.C. § 10721 provides that “[a] rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate.” Section 13712 is identical except that the word “rail” does not precede each reference to the word “carrier.”

Transportation under 49 U.S.C. §§ 10721 and 13712 is obtained through a rate tender process under which the government may use a commercial bill of lading, a government bill of lading (GBL), or a tender agreement.

Section 322 of the Transportation Act (codified at 31 U.S.C. § 3726) addresses audit, payment, and claims procedures for services provided under the Act. In particular, that section provides that the Administrator of General Services may conduct pre- or post-payment audits of transportation bills of any Federal agen-

cy and “shall adjudicate transportation claims which cannot be resolved by the agency procuring the transportation services, or the carrier or freight-forwarder presenting the bill.” Any claim, however, “shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of ” several dates, including, for example, the date of accrual of the claim, the date payment for the transportation is made, and the date a refund for an overpayment for the transportation is made.

The ICA also provides for a federal “civil action to recover charges for transportation or service provided by [a common] carrier,” including “transportation for the United States Government” (see 49 U.S.C. § 14705(f )). Instead of pursuing an administrative claim, a carrier may sue the government in federal court.

For civilian agencies, regulations and procedures governing the bill of lading, documentation, payment, and audit of transportation services acquired by the government are prescribed in 41 C.F.R. Part 102-118 (Transportation Payment and Audit). For DOD shipments, corresponding guidance is contained in the Defense Transportation Regulation (DTR), 4500.9-R, Part II. The FAR, in part 47, also prescribes policies and procedures for “[a]cquiring transportation or transportation-related services by contract methods other than bills of lading, transportation requests, transportation warrants, and similar transportation forms.” In particular, the FAR provides that “[t]ransportation and transportation services can be obtained by acquisition subject to the FAR or by acquisition under 49 U.S.C. 10721 or 49 U.S.C. 13712.” The FAR, however, does not regulate the acquisition of transportation or transportation-related services when the bill of lading serves as the contract.

FAR § 47.200 contains procedures for the acquisition of freight transportation and transportation-related serviced by sealed bid or negotiated contracts,

but does not apply to: (1) the acquisition of freight transportation from domestic or international air carriers and international ocean carriers (which are covered by FAR subparts 47.4 and 47.5, respectively); (2) freight transportation acquired by bills of lading; (3) household goods for which rates are negotiated under 49 U.S.C. 10721 and 13712; or (4) contracts at or below the simplified acquisition threshold. FAR § 47.200(e) specifically notes that “[a]dditional guidance for DoD acquisition of freight and passenger transportation is in the Defense Transportation Regulation.”

The Defense Transportation Regulation

The FAR describes the DTR as establishing “uniform procedures and documents for the generation, documentation, communication, and use of transportation information, thus providing the capability for control of shipments moving” via the Defense Transportation System (DTS).

Contracting activities are responsible for ensuring that the DTR’s requirements are included in appropriate contracts for all applicable shipments and enforcing these requirements with regard to shipments under their control.

In terms of acquisition rules, Chapter 201 of the DTR provides that “[t] raffic managers and shipping activities will seek full and open competition to the maximum extent possible from qualified carriers.” The DTR specifically references both FAR and non-FAR procurements, and explains that “DOD uses a number of different procurement instruments to purchase transportation and related services.” Those instruments, according to the DTR, “include FAR contracts, Bill of Lading (BL), government transportation requests and similar transportation forms.” The DTR instructs that the “decision as to the procurement instrument will be based on the needs of the customers, duration of the requirement, value of the transportation services provided, and the cost of

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implementing the procurement process relative to the cost of services acquired.”

With respect to FAR contracting, the DTR provides that “a warranted contracting officer can procure transportation and related services using a FAR instrument tailored to the customer’s needs.” The DTR explains that such FAR instruments “create enforceable contractual obligations between

tation procurements that are based upon tender rates. Second, the DTR specifies that FAR part 33—the section of the FAR that governs protests and contract disputes and implements the CDA—covers transportation contracts. Third, the DTR provides that “[t]enders are not contracts,” but rather “are a carrier’s offer to provide services at the quoted rate” and

The GAO repeatedly has held that the term “procurement” as used in CICA is broad enough to include the process of acquiring transportation services by the government. The GAO has recognized, for example, that, although case law on DTR procurements is somewhat sparse, the law is clear that in any competitive federal procurement, potential contractors must be informed of the basis for selection and how their offers or tenders will be evaluated. the carrier and the DOD activity.” In addition, they allow “the providing of services not available under tenders, tariffs, and BLs” and are “best where there is a requirement for recurring traffic for a long period, large volume, or an oversized movement.”

The DTR is difficult, if not impossible, to reconcile with DOD Instruction 4500.57 (March 18, 2008), which provides that “[t]he acquisition of transportation and related services shall be obtained using guidance contained in the Federal Acquisition Regulation . . . and the DOD FAR Supplement . . . unless a deviation is necessary to meet mission needs.” Thus, the instruction suggests that the more cumbersome FAR contracting procedures are all but mandatory, whereas the DTR provides military agencies with great flexibility in selecting a procurement instrument.

Both the DTR and DOD Instruction 4500.57 distinguish between FAR and non-FAR procurement instruments, such as tenders of service and bills of lading, but with the Instruction emphasizing that non-FAR procurement instruments “shall only be used in limited situations when FAR procurements cannot meet customer requirements.” With respect to both FAR and non-FAR procurements, the Instruction provides that “procurements will be performance-based, mode-neutral, and time-definite; use best value acquisition processes and full and open competition; and comply with source preference laws.”

The DTR also contains three curious statements that appear erroneous. First, the DTR notes that the GAO generally does not consider bid protests of transpor18 |

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the “contract is created after the [transportation officer] offers the movement and the carrier accepts the movement under a BL.” As explained in more detail below, none of those statements is free from doubt. This article addresses each statement in order and in the context of the broader topic involved.

Bid Protests

The GAO repeatedly has held that the term “procurement” as used in CICA is broad enough to include the process of acquiring transportation services by the government. The GAO has recognized, for example, that, although case law on DTR procurements is somewhat sparse, the law is clear that in any competitive federal procurement, potential contractors must be informed of the basis for selection and how their offers or tenders will be evaluated.

Accordingly, the GAO has held that, under CICA, a would-be contractor may file a protest objecting to agency actions that result in the “award” of instruments that are not in themselves contracts, such as some rate tenders that become binding contracts when a bill of lading is issued. In other words, the term “procurement” may include the process of acquiring transportation services by the government, notwithstanding that the acquisition of such services is conducted with a vehicle generally exempt from the FAR. The GAO also has held that it has jurisdiction to hear protests of solicitations and contract awards issued under 49 U.S.C. § 10721 because it is a procurement statute in that

February 2012

it authorizes the government to obtain transportation services from common carriers at rates below those in their published tariffs. The same is presumably true regarding awards issued under 49 U.S.C. § 13712. Thus, many GAO decisions appear to contradict the DTR’s statement that the GAO will not hear protests involving tenders.

On the other hand, the GAO has held that spot movements are exempt from its review because they do not have sufficient indicia of a formal procurement. A spot movement is a one-time shipment of a commodity on a single bill of lading that requires special equipment or services not otherwise provided by tariff or special rate tenders or covered by a contract or longterm tender. Under spot-movement solicitations, the tender is viewed as a continuing offer to perform transportation, and the issuance of a GBL is viewed as a basic transportation contract. Spot movements are exempt from the FAR. What is less clear is whether the COFC possesses jurisdiction over a challenge to a spot-movement procurement, although at least one COFC decision appears to assume (without directly addressing the issue) that the court, indeed, does have jurisdiction. Given the COFC’s and the Federal Circuit’s repeated references in various cases to the breadth of the definition of the term “procurement,” the courts are unlikely to decline jurisdiction.

Contract Disputes

The CDA generally covers disputes regarding contracts for the procurement of goods and services. In addition to other provisions and requirements, that statute mandates that, for CDA covered contracts, contractors follow an administrative disputes process prior to pursuing a dispute with respect to such a contract in the COFC or before the ASBCA. Where a contract is not covered by the CDA, the COFC ordinarily possesses exclusive jurisdiction over contract disputes in excess of $10,000, pursuant to the Tucker Act, 28 U.S.C. § 1491(a).

For government contract disputes (not covered by the CDA) less than $10,000, the Federal district courts and the COFC possess concurrent jurisdiction (that is, either court may hear the case).

In a 1995 case, Sherwood Van Lines, the Federal Circuit addressed whether the CDA covered GBLs. The contractor

in that case was a common carrier that provided transportation services to the Navy pursuant to the Transportation Act of 1940, and a GBL served as the contract between the parties. The Federal Circuit found that the transportation services in question were provided under 49 U.S.C. § 10721 (the Transportation Act of 1940, as amended) and that Congress had set up a system for paying carriers for providing the services and a mechanism for resolving disputes under 31 U.S.C. § 3726. The Federal Circuit concluded that “Congress did not intend the general provisions of the [CDA] to supplant the pre-existing system of administrative review specifically designed for transportation services subject to Section 3726.”

In arriving at that decision, however, the court limited its decision to “cases in which the government obtains transportation services from a common carrier pursuant to 49 U.S.C. § 10721 and in which the GBL constitutes the contract between the parties,” but did not address “cases in which transportation services are obtained through other means, such as contracts

for continuing transportation services over a period of time.” In sum, Sherwood Van Lines stands for the proposition that government transportation by spot movement is not subject to the CDA. A number of years later, in the InterCoastal case, the Federal Circuit examined the same question with respect to tender agreements for trucking services covering a three-year period. As in Sherwood Van Lines, the contractor seeking relief in Inter-Coastal acknowledged that it was providing transportation services pursuant to 49 U.S.C. §§ 10721 and 13712.

Moreover, while performing the tender agreements, the contractor utilized the administrative dispute resolution procedures established by the Transportation Act at 31 U.S.C. § 3726, but then later sued the government for breach of contract under the CDA in the COFC .

The Federal Circuit ultimately upheld the COFC’s decision to dismiss the contractor’s suit, on the basis that the ICA, and not the CDA, governed the parties’ contract dispute. The court of appeals explained that “Congress intended to have

the ICA govern all actions seeking the payment of money for the charges owed on contracts for transportation services between common carriers and the government.” By its terms, the ICA applies to a “carrier providing transportation or service,” 49 U.S.C. § 14705(a), including “Government transportation,” who brings an “action to recover charges for transportation or service,” and “payment of the rate for the transportation or service involved,” 49 U.S.C. § 14705(f )(1).

Indeed, according to the Federal Circuit, none of the statutes at issue, including the administrative dispute framework set up by the Transportation Act (codified at 31 U.S.C. § 3726), draws a distinction between contract vehicles “based on the number of deliveries, the complexity of the transportation agreement, whether an agreement resulted from the procurement process or instead from a ‘spot movement,’ or whether a GBL or a tender agreement (or both) formed the parties’ contract.” In short, held the court, “the unambiguous text of the ICA and its amendments, including the [three-year statute of ] limita-

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tions period set forth therein, exclusively govern the jurisdictional time frame in which a common carrier must file a claim for charges against the government.” To be clear, a transportation contractor may sue the government in court for breach of contract (or other relief under a contract) pursuant to the Tucker Act, but not under the CDA. (In addition to the applicable statute of limitations, there are a number of other consequences that flow from the fact that transportation contracts are not covered by the CDA, but those issues are beyond the scope of this article.)

Notwithstanding the Federal Circuit’s clear holdings in both Inter-Coastal and Sherwood Van Lines—and the fact that the ASBCA is bound by such precedent— the ASBCA has explained that, in those cases, “the transportation services were provided pursuant to the Transportation Act of 1940” and payment disputes were specifically required by that Act to be processed under 31 U.S.C. § 3726 and its implementing regulations. The ASBCA has refused to apply the Federal Circuit’s decisions to FAR procurements. In other words, the ASBCA has held that the government’s arguments based upon the statutes, regulations, and case law relating to the ICA and Transportation Act are not relevant to FAR-contracts.

Accordingly, the ASBCA has concluded, for example, that where the Surface Deployment and Distribution Command (SDDC) structured certain transportation contracts as FAR-based agreements, the ASBCA possessed jurisdiction to hear the contract dispute pursuant to the CDA. In sum, in the ASBCA, the rule is that the administrative dispute resolution procedure in 31 U.S.C. § 3726 is part of the Transportation Act, and therefore applies only when transportation services are provided under that Act (e.g., pursuant to 49 U.S.C. §§ 10721, 13712). As a related matter, Transportation Act-based services have been limited to services provided by way of tender agreements and GBLs. Thus, contrary to the DTR, the law remains unclear regarding precisely when the CDA applies to transportation contracts, if ever, although according to one COFC decision “[t]he affirmative language of the ICA, and Inter-Coastal, clearly establishes that the ICA is the sole statutory authority governing jurisdiction in this Court for all charges or payments 20 |

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of money owed under a transportation service contract.” In that case, notably, the COFC specifically addressed claims arising out of a transportation service contracts with the SDDC. Also contrary to the DTR, courts have found an exception to the general rule that a GBL consummates a contract in a non-FAR transportation procurement— The tenders were to be effective for a two-year period. The government asked the contractor to agree to schedule changes but at no cost to the government.

The transportation contractor refused the government’s request, and the government resolicited the work. i.e., where the tender agreement appears to function like a requirements contract.

For example, in one case, the Military Traffic Management Command publicly solicited tenders for the scheduled moves of perishable goods to certain government facilities. The tenders were to be effective for a two-year period. The government asked the contractor to agree to schedule changes but at no cost to the government.

The transportation contractor refused the government’s request, and the government resolicited the work.

The Federal Circuit acknowledged that a tender for transportation ordinarily is completed through the issuance of a GBL. Nevertheless, the court concluded that the government’s acceptance of the contractor’s tender gave rise to a binding contract. The court agreed that a contract was created because the tender agreement included a clause providing that the carrier was entitled to all available military requirements for the period of the tender. Thus, the court held that the tender agreement was essentially a conventional requirements contract, in which one party agrees to supply as much of a good or service as is required by the other party, and, in exchange, the other party promises to obtain its goods or services exclusively from the first party. As noted above, this seems to contradict the DTR’s statement that tenders are not contacts.

Similarly, the ASBCA has concluded that GBLs may be used in conjunction with tender contracts and are not confined to use with one-time spot movements.

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In sum, a government transportation contract may be formed in a number of circumstances, including: (1) when the government as shipper tenders property to a carrier; (2) when a GBL is issued; or (3) when the carrier tenders the property to the government as consignee. As a related matter, a transportation contract may consist of a GBL, a combination of a DOD tender and a GBL, or a combination of a tariff and GBL. Where, for example, there is an agreement for continuing transportation services over a period of time, the GBL may not constitute the contract between the carrier and the government agency, but simply may serve as the means by which the agency exercises its right to procure services under a binding, long-term contract. In any event, assuming the existence of a contract, the Tucker Act should provide the COFC with jurisdiction to entertain any related monetary dispute, irrespective of whether the contract is covered by the CDA. Conclusion

Unlike typical government procurement contracts, government contracts for transportation services are not necessarily governed by the FAR and the CDA, but rather by a complex web of transportation statutes and regulations. The interaction of the relevant transportation statutory and regulatory provisions with traditional Federal procurement rules—particularly as interpreted and applied by the GAO and the courts—require special care and attention on the part of government contracting personnel, irrespective of whether such personnel work for DOD or a contractor.

Moreover, the rules governing transportation procurement, particularly with respect to certain dispute issues, remain unsettled, or appear to be inconsistent with the DTR. The bottom line, though, is that when both parties to a contract are aware of the rules of the road, and the associated pitfalls, they should be better able to avoid disputes. DTJ Mr. Solomson recently jointed Sidley Austin LLP from the US Department of Justice, where he frequently represented DOD components in government contract cases before the US Court of Federal Claims and the US Court of Appeals for the Federal Circuit. At Sidley Austin LLP, Mr. Solomson focuses his practice on government contracts counseling and litigation. He may be reached at msolomson@sidley.com.

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professional development Hybrid Education:

Combining the Benefits of Face-to-Face Learning with Online Distance Learning!

Irvin Varkonyi, CSCP, PLog, President, Supply Chain Operations Preparedness Education ivarkonyi@scopedu.com Learning objectives 1. Understanding hybrid education – what is it?

2. Benefits of hybrid education – Cost?

Convenience? Outcome?

3. Demand for hybrid education – Adults? College students? Others?

4. The future of hybrid education.

Understanding hybrid education—what is it?

What do these terms mean: Hybrid education? Blended learning? What do they have to do with professional development?

These terms are interchangeable and apply to the process of combining face-to-face learning in a brick and mortar environment with online, distance learning. Faceto-face learning can take place in a formal educational setting such as a university or in a professional development environment such as on-site corporate education.

Yet even these terms are complex. While we strive for simplicity in our ever-quickening pace of life, we must accept that information exchange, primarily through technology, challenges concepts of the past to conform to our changing desires.

A university for 18 to 22 year olds, fresh out of high school, is now a complex organization catering to undergraduate and graduate students of all ages: full-time and part-time students, enrolled students taking classes for credit and non-matriculating students who audit classes, degree seeking and certificate-focused students. Life revolves around a campus, an identity, a brand, and many classrooms of all sizes and shapes.

Face-to-face corporate training has been a mainstay, ranging from entry level training sessions for new employees to senior leadership training focused on corporate strategy, finance, risk management, and more. Training can take place at a company location or off-site with a third party. Higher education and professional development has integrated technology 22 |

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with the classroom as devices grow ubiquitous and paper becomes less desirable.

Textbooks are transitioning to e-books, read on different devices such as iPads or Kindles. Corporate handbooks are available through secure web portals or in the “cloud” (on a website.)

Online distance learning has evolved from the basic correspondence class where students received a book and assignments that they completed and mailed back to their instructors to today’s distance learning environment incorporating a multitude of technology-focused learning: • Conference calls – Students dial in to a conference call to listen to a lecture and have open discussion.

• Video conference calls – Students view their instructor and listen to the lecture, sometimes with two-way discussions.

• Computer-based learning – Students complete courses online or with a CD, but there is no live interaction with an instructor or classmates • Webinars – Interactive, web-based learning tools including books, online resources, Power Point presentations, etc.

• Asynchronous learning – Electronic classrooms contain forum discussions, similar to blogging, written assignments, quizzes, tests, etc. Learning is self-directed, complying with instructor requirements, and not in real time.

Certainly technology will continue to bring us new learning systems. But combining face-to-face with online learning, regardless of the systems used, gives us hybrid learning, a mix of the two. We may also label these blended learning, as we blend the face-to-face environment with one or more types of online learning.

Benefits of hybrid education— Cost? Convenience? Outcome?

Physical classrooms are expensive, from constructing buildings to maintaining

February 2012

them to populating them with faculty and administrative and support personnel. Online classrooms are less expensive to construct and maintain. Faculty must be brought to a brick and mortar campus and are often substituted with teaching assistants when there is insufficient faculty.

Online classrooms are accessed by faculty from wherever they log in to the internet.

Faculty standards have been raised for online learning, in response to standards established by regional accreditation authorities, many of which are the same Higher Learning Commissions who accredit brick and mortar institutions. Thus faculty can choose to teach at a brick and mortar institution or online, or as is often the case, at both. Online institutions have the benefit of accessing a higher percent of adjunct professors, who remain as practitioners in their fields or retired from their fields. These faculty need not relocate and can blend the time for their classes with their professional or retired lives.

Face-to-face learning offers specific benefits in a classroom through human interaction and exchange of ideas. It may have the disadvantage of allowing lengthy lectures without sufficient interchange, based on the instructor. Online learning offers the convenience of time and access but not the quality of human interchange that may hinder less technically capable learners.

But the two together offer the potential to accentuate their respective positive benefits and lessen their respective disadvantages: • Combining face-to-face class discussion with online blogging entries will spark class discussion and enable discussions to continue after the class period formally ends. Such blogging can clarify potential confusion and allow opportunities for points to be raised that were omitted during the discussion.1 • Utilizing online role-playing games to teach certain principles that are used to spark discussion in a follow-up face-toface class. This approach improves the

learning outcome that may not take place otherwise. The face-to-face class doesn’t have the time to conduct role playing, and without follow-up discussion, online role playing may cause students to miss out on key points.

• Students are required to work more on their own during the online phase of their hybrid classes. Such active learning results in better test performance and subject mastery. The online portion encourages more interactive faceto-face sessions, and the face-to-face sessions spur more use of online capabilities. They complement each other to gain benefits; neither can quite do the same on their own.2 The benefits of the hybrid class will still contain disadvantages of face-to-face learning. Students have to come to the campus, and faculty is fixed to their environs in a university setting. However, professional development is more flexible. Rather than offering a two- or three-day or more face-to-face training session, a company or an association may offer a one-day in-person session while

managing the rest of the learning objectives online. This leads to time and cost savings.

Note the proliferation of executive training programs that have adopted the hybrid model for senior leaders attending courses: some face-to-face sessions during the year but most of the learning online, sometimes in real time, sometimes asynchronously. This allows for such executives to minimize their time away from their professional (or personal) obligations. Even travel around the globe will no longer be a barrier to learning.

Demand for hybrid education— Adults? College students? Others?

A 2011 article in the Chronicle of Higher Education,3 surveyed more than 20,000 current and prospective adult students on a range of goals and objectives, finding that one-third of the respondents prefer hybrid course formats. Yet only 19% of these students were enrolled in hybrid classes, indicating that student desires well exceeded current university capabilities to offer such learning.

The US Education department released a 2009 report praising blended learning.4

The Bill and Melinda Gates Foundation has poured millions of dollars into faceto-face, online, and hybrid learning.5 The goal of both the government and the foundation is to better utilize scarce resources and improve learning outcomes. Both noted the differences in learning style between adults and young people, with the former gaining advantage from hybrid learning in a primarily online environment, and the latter improving their outcomes in a primarily face-to-face environment.

“Schools have jumped on the online bandwagon, and students end up with this rather un-nuanced choice between more-or-less wholly on-ground and more-or-less wholly online, when many of them actually want something that’s a more nuanced combination of the two,” says Richard Garrett, a managing director at Eduventures.6 The future of hybrid education

It would certainly seem that there is a growing future for hybrid education, continued on page 28

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www.ndtahq.com | 23

Chapter Spotlight Virginia Chapters Jeff Campbell Chapter Liaison

D

uring our tenth Navy-Centric Symposium in Norfolk, we had helping hands from local NDTA Members. Here’s a look at our three Commonwealth Chapters and some insight for the coming year.

NDTA Virginia Chapters

A new era in Army Logistics began in the fall of 2010 when the US Army Transportation School conducted its first classes at Ft. Lee after relocating from Fort Eustis, home to the Transportation Corps for more than 60 years. For many of those years, our Regimental (Peninsula) Chapter called Ft. Eustis home. This year, Regimental Chapter President Joe Escalera will move the Chapter Gideon to Fort Lee, the new home of the US Army TransportationRegiment.

In addition to our Norfolk-Tidewater Chapter, which meets just south of Ft. Eustis, the move has helped the Richmond Chapter at Ft. Lee resurface, bringing our VA Chapter count back to three.

Although the Army Chief of Transportation and a membership pool moved to Ft. Lee with the Sustainment Center of Excellence, the chapter on the Peninsula isn’t going away anytime soon. Units still supporting the chapter there include Training and Doctrine Command HQ, SDDC’s 597th Trans Bde, Yorktown Naval Weapons Station, US Coast Guard Training Center, Yorktown, and Langley Air Force Base. So, at some point this year the changes you may see in the three VA chapters are the Richmond/Ft. Lee Chapter renamed the Regimental Chapter and the former Regimental Chapter centered on the peninsula renamed the Virginia Peninsula Chapter and the Norfolk-Tidewater Chapter staying as is.

“All three of our chapters this side of Virginia (Norfolk-Tidewater Chapter meets just south of Ft. Eustis; the Washington, DC, Chapter holds luncheons in the District, but meets for many A-35 and Community Service Events in Northern VA)

will be challenged to sustain membership at levels we had before,” said VA State President COL John Race, Jr., USA (Ret.).

In 2012, VA Chapters are feeling the economic crunch of shrinking Defense dollars, while trying to support competing forums. Inspired by a recent Regimental Chapter visit from NDTA President LTG Ken Wykle, USA (Ret.), Race said the chapters will reach out for new ways to generate interest, especially among young professionals.

“Young folks need to join NDTA because networking helps you stay up to snuff on what’s happening in your profession—on both sides of the street—how rules such as driving hours and cell phone use may affect you and your business,” Race said. “We’ll maintain and get all three chapters going this year for sure!”

NDTA Chapter names and locations may change, but their mission remains the same: fostering a strong and efficient global transportation and distribution system in support of the economy and national security of the United States.

Find contact information for presidents of these and all NDTA Chapters at www. ndtahq.com, and in the next DTJ, our annual Almanac issue. DTJ

ndta NEWS Atlanta Chapter Scholarship Awards

2011 Awards

The Atlanta Chapter presented six scholarship awards to local students from Clark Atlanta University and Clayton State University at the monthly luncheon on November 16, 2011. The awards were the result of fundraising events conducted earlier this year. Scholarship awardees are pursuing degrees in Supply Chain Management or Business with a Supply Chain Management Concentration. This marks the third year of the mutual relationships between the chapter and Clark Atlanta and Clayton State.

In 2009, the Chapter also established a special scholarship, the Lt Gen Edward Honor Memorial Scholarship. This is designed to be the most prestigious scholarship awarded by the Atlanta Chapter.

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Rashonda Brown of Clark Atlanta University accepts the Atlanta Chapter’s Lt Gen Edward Honor Memorial Scholarship from COL (Ret) Brian Waters, Chapter Scholarship and Mentor Program Coordinator.

February 2012

• Lt Gen Edward Honor Memorial Scholarship: – Rashonda Brown, Clark Atlanta University • General Scholarship Awards: – Shasta Dungey Clark Atlanta University – Jazmin Kersey Clayton State University – Sincire Mansfield Clark Atlanta University – On Nguyen Clayton State University – Latrice Shepherd Clark Atlanta University – Akwasi Appiah Twumasi Clayton State University DTJ

NDTA in 2012

Anchorage in September is 48 degrees, with 2.5 inches of precipitation.

So you see, a lot of what you might be thinking about the Alaska Forum just isn’t true. And of course, the main reason biggest in 2012 will be maintaining our to come to Alaska in 2012 is the Forum excellent financial footing. The NDTA itself. This year’s professional program is President discusses this in more detail in his chock full of timely, thought-provoking President’s Corner in this issue. 2012 will be presentations, with useful educational especially important because we are also takevents and off-site activities. And speaking spirited strides to continue our Forum ing of off-site, many members are plansuccesses this September 22-26 in Alaska. ning on coming early and/or staying after Rather than worrythe Forum to take ing about predicting advantage of the Did you know that you can fly from 2012 attendance, let’s spectacular area. the East Coast to Anchorage for less deal with some AlasThe last cruise ship that it would cost to go to some West ka facts, that when to Alaska arrives the Coast locations? During a September understood, might week before the Fopersuade many memrum starts. What a 2011 planning visit, the NDTA staff bers to attend. Or, as great way to travel actually paid $475 round trip from some have suggested, while enjoying the Washington, DC, to Anchorage. let’s debunk some of stunning beauty of the myths and misthe land, the fish conceptions about the Alaska Forum. and wildlife, and the rugged beauty of the Probably the biggest myth is cost. Did landscape. Learn about the native culture, you know that you can fly from the East go whale watching or glacier cruising, or Coast to Anchorage for less that it would enjoy fantastic hunting and fishing—the cost to go to some West Coast locations? list goes on and on. This truly could be During a September 2011 planning visit, your trip of a lifetime. the NDTA staff actually paid $475 round trip from Washington, DC, to Anchorage.

Our Standing in the Association Community There are numerous direct flights, and easy connections can be made through NDTA members belong to many other Chicago, Minneapolis, Denver, Salt Lake associations, and our members may wonCity, and several West Coast cities. der how NDTA stacks up with its comHere are some other myth busters: petitors. Judging by recent surveys of the meetings and expo industry, NDTA is • Prices are more expensive in Alaska doing just fine. We have more attendees, than the lower 48 states. Possibly, but more exhibitors, and more sponsors than when you figure that there is no sales similar organizations our size. Our repeat tax in Anchorage, the prices tend to be meeting attendance is higher than the inpretty comparable. dustry average, and our use of social me• Hotel rooms will be very costly. Actualdia far exceeds most similar associations. ly not. The Forum rate is $99 to $139, Our cost of exhibit space per square foot with several hotels and price levels to is less expensive than the national averchoose from to match your budget. age, and our forum registration fees are • Arctic clothing will be necessary to below the national average. In fact, both protect against the frigid weather. exhibit fees and attendance fees have reAgain, the truth of the matter is that mained substantially unchanged for the Anchorage weather in September is last few years. Our annual membership not too different than many other US locales. The average temperature in continued on page 28

COL Denny Edwards, USA (Ret.)

A

s I am writing this at the end of 2011, I am hoping that 2012 will bring better things to our Association, our society, and the world. Of course, we can’t do much to impact on the latter two big challenges, but I can talk with some experience about our Association—NDTA. Perhaps the most important word in any dialogue about the association would be “our”—our Association, our challenges; our standing; and our future. So below I have assembled some thoughts on a number of topics: some good news, some not so much; some facts, some comparisons with other associations, and some predictions for 2012. And of course we need to throw in a few resolutions for the year ahead.

Our Association

I think we can all be very proud of our association. Over the 22 years that I have been at the Headquarters, I have seen great progress. Most noticeable is our long history of top notch Forums. Each year they get better, and survey feedback indicates that our members are very satisfied. Another area of great progress is our financial stability. In the 1960s and 1970s, we averaged about 50 exhibitors, and 450 attendees. Today, the exhibit booth counts are around 175, and attendance routinely tops 1000 and has gone a little above 1500 in 2010 in Washington, DC. Likewise, the value of sponsorships has soared over the last 10 years. And we have increased membership in all categories. Taken all together—exhibitors, sponsors, attendees, and membership—plus expense control and frugal management, and you have the reason for NDTA’s solid financial standing today.

Our Challenges

Notwithstanding our bright financial picture, there are challenges ahead in this gloomy economy. Obviously, one of the

www.ndtahq.com | 25

HONOR ROLL

OF

SUSTAINING MEMBERS AND REGIONAL PATRONS

ALL OF THESE FIRMS SUPPORT THE PURPOSES AND OBJECTIVES OF NDTA

SUSTAINING MEMBERS 1-800-PACK-RAT ABF Freight System, Inc. Accenture Accor Hotels ACTCO-Afghanistan Logistics Airlines for America Air Transport International, LLC AIT Worldwide Logistics, Inc. American Maritime Officers American Military University American United Logistics AMYX Apex Logistics Group ARINC Army Air Force Exchange Service Arven Freight Services, LLC Associated Global Systems Baggett Transportation Co. Boyle Transportation Byrne Transportation Services, LLC C2 Freight Resources, Inc. Cardinal Transport, Inc. Carlson Hotels Worldwide CGI Chalich Trucking, Inc. Chamber of Shipping of America Citigroup Comtech Mobile Datacom Corporation Covenant Transport Coyne Airways Coyote Logistics, LLC/General Freight Services Crowley Maritime Corp.

CRST International, Inc. CSC

REGIONAL PATRONS AAAA Forwarding, Inc. AAT Carriers, Inc. Acme Truck Line, Inc. AFC Worldwide Express/R+L Global Services Aggreko International AKA a division of Korman Communities Al-Morrell Development/Morrell Int’l.

Alaska West Express American Moving & Storage Assn.

American Trucking Associations Anton Law Group Association of American Railroads ATS Specialized, Inc. Avis Budget Group Benchmarking Partners Blkbird, Inc. C5T Corporation Cargotec USA, Inc. The Cartwright Companies Cavalier Logistics Center for the Commercial Deployment of Transportation Technologies (CCDoTT) Ceres Terminals, Inc. CGM Security Solutions, Inc. Chapman Freeborn Airchartering Chassis King

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CWT SatoTravel DAMCO Delta Air Lines, Inc. DHL Express Dollar Thrifty Automotive Group Door to Door Storage, Inc. Dynamics Research Corp.

Enterprise Database Corporation Express-1 Fikes Truck Line GE Aviation General Dynamics/American Overseas Marine General Dynamics NASSCO GeoDecisions GID – Get It Done, LLC Global Maritime & Trans. School-USMMA Greatwide Truckload Management Hilton Worldwide HLC Government Services Hub Group, Inc. Intercomp Intermarine, LLC Intermodal Association of North America (IANA) International Longshoremen’s Association, AFL-CIO Intl. Organization of Masters, Mates and Pilots Interstate Worldwide Relocation Kansas City Southern Keystone Shipping Company Knight Transportation KU Transportation Research Institute Kuehne + Nagel, Inc. Labelmaster Software Liberty Global Logistics, LLC

Liberty Maritime Corporation LMI Lockheed Martin Aeronautics Co. M2 Transport Mack Defense ManTech International Corp.

Marine Engineer’s Benefits Association Martin Logistics, Inc. Mayflower Transit McCollister’s Transportation Systems, Inc. McLeod Software Medallion Transport & Logistics, LLC Menlo Worldwide Mercer Transportation Co. Military Officers Association of America National Air Carrier Assn., Inc. National Van Lines North Carolina State Ports Authority NYK Logistics Americas Ocean Shipholdings, Inc. Ocean Star International, Inc. Old Dominion Freight Line, Inc. Omega World Travel One Network Enterprises, Inc. ORBIS Corporation OSG Ship Management, Inc. Overdrive Logistics, Inc. Owner-Operator Independent Drivers Association Panalpina Parts Associates, Inc. (PAI) Pilot Freight Services PODS Port of Beaumont Port of San Diego Pratt & Whitney Prestera Trucking, Inc.

Priority Solutions International Priority Worldwide Services PRTM Management Consultants, LLC Qualcomm Incorporated Radiant Logistics Partners, LLC Ramar Transportation, Inc. Ridgeway International Rockey’s Moving & Storage, LLC Sammons Trucking Savi, a Lockheed Martin Company Sea Star Line, LLC Seafarers Int’l Union of N.A. AGLIWD Sealed Air Corp.

Sealift, Inc. Seko Service by Air Southwest Airlines SRA International, Inc. Tamerlane Global Services Teradata Corporation Textainer Equipment Management Totem Ocean Trailer Express, Inc. (TOTE) TQL Transportation Institute Transportation Intermediaries Assn. (TIA) Transportation Management Services Tri-State Motor Transit, Co., (TSMT) Tucker Company Worldwide, Inc. Union Pacific Railroad United Airlines United Van Lines, Inc. UTi Worldwide, Inc. UTXL Wagler Integrated Logistics, LLC Worldwide Aeros Corp

C.L. Services, Inc. Colorado Technical Library Corporate Flight Management Crimson Express EADS North America Enterprise Holdings Erudite Company Estes Forwarding Worldwide, LLC Europcar Car & Truck Rental Federal IT Consulting (FEDITC), LLC FlightWorks FMN Logistics Fox Rent A Car Goverline Logistics Great American Lines, Inc. Green Valley Transportation Corp.

Hanjin Intermodal America, Inc. Hawaii Air Cargo, Inc. Holiday Inn VA Beach – Norfolk Hotel & Conference Center Homestaging and Design LLC HudsonMann, Inc. Hyatt Hotels and Resorts Innovative Green Solutions JAS Forwarding Kalitta Charters, LLC LMJ International Logistics, LLC LTD Hospitality Group

Lynden, Inc. Marriott Hawaii Resorts & Hotels Marriott International MBA | Morten Beyer & Agnew McLane Advanced Technologies MCR Federal, LLC (MCR) Meyer Trucking, Inc. Mi-Jack Products & Technology Military Sealift Command (MSC) Miramar Transportation mLINQS, LLC MRA Experiential Tours & Equipment Naniq Global Logistics LLC NCI Information Systems, Inc. NFI Numerex Corporation Oakwood Corporate Worldwide OTO Hospitality Development Overwatch, Inc. Pak Shaheen Freighters (Pvt) Ltd. Passport International, Ltd. Patriot Contract Services, LLC Payless Car Rental Philadelphia Regional Port Authority Phoenix International Freight Services, Ltd. Pitt Ohio Port of Port Arthur Portus

Reckart Logistics, Inc. Royal Trucking Company Scan Logistix, Inc. Seabridge, Inc. Seatac Marine Services Sea Box, Inc. Secured Land Transport SkyLink—(USA) SR International Logistics, Inc. Stratos Jet Charters, Inc. Suite Solutions TAPESTRY - FSG Tennessee Steel Haulers Trailer Bridge, Inc. Trailer Transit, Inc. Trans Global Logistics Europe GmbH TRI-STATE Expedited Service, Inc. Triton Systems, Inc. Truva International Transportation & Logistics Try Tours Expediting Services Turnkey Transportation Services Unified Consultants Group, Inc. US Bank Freight Payment US Door & Building Components Utley, Inc. The Virginian Suites YRC Worldwide

Defense Transportation Journal

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February 2012

AAR CORP + PLUS Agility Defense & Government Services + PLUS American Shipping & Logistics Group (ASL) + PLUS APL Limited + PLUS Atlas Air Worldwide Holdings + PLUS Bennett Motor Express, LLC + PLUS Boeing Company + PLUS Bristol Associate + PLUS CEVA Logistics + PLUS Choice Hotels International + PLUS Cubic Global Tracking Solutions, Inc. + PLUS Echo Global Logistics, Inc. + PLUS FedEx + PLUS Final Mile Logistics + PLUS Global Aviation Holdings Inc. + PLUS Hapag-Lloyd USA, LLC + PLUS Horizon Lines, Inc. + PLUS IBM + PLUS InterContinental Hotels Group + PLUS Landstar System, Inc. + PLUS Maersk Line, Limited + PLUS National Air Cargo + PLUS Panther Expedited Services, Inc. + PLUS Ports America + PLUS Science Applications International Corp. (SAIC) + PLUS Supreme Group USA, LLC + PLUS Titan Services + PLUS Universal Truckload Services, Inc. + PLUS UPS + PLUS American Roll-On Roll-Off Carrier, LLC BNSF Railway Co. Booz Allen Hamilton CorTrans Logistics, LLC CSX Transportation DB Schenker DHL Global Forwarding Evergreen International Airlines, Inc.

The Hertz Corporation Innovative Logistics, LLC International Shipholding Corp.

KGL Holding Lockheed Martin Matson Navigation Company, Inc.

Norfolk Southern Corporation Northrop Grumman Corporation Omni Air International The Pasha Group R&R Trucking Raith-CTS Logistics Rock-It Cargo USA, LLC SkyBitz

These corporations are a distinctive group of NDTA Members who, through their generous support of the Association, have dedicated themselves to supporting an expansion of NDTA programs to benefit our members and defense transportation preparedness.

www.ndtahq.com | 27

Kent Gourdin

continued from page 25

Shipping the Medieval Military: English Maritime Logistics in the Fourteenth Century

dues have remained at only $35 per year for more than a decade! Yes, by all metrics, NDTA gives its member more value for the money.

Shipping the Medieval Military: English Maritime Logistics in the Fourteenth Century, Craig L. Lambert, 2011, Boydell & Brewer, Ltd, Hardcover, 260 pages, ISBN 9781843836544, $90.

Our Future

uring the fourteenth century England was scarred by famine, plague, and warfare. Through such disasters, however, emerged great feats of human endurance. Not only did the English population recover from starvation and disease, but thousands of the kingdom’s subjects went on to defeat the Scots and the French in several notable battles.

Victories such as Halidon Hill, Neville’s Cross, Crécy, and Poitiers not only helped to recover the pride of the English chivalrous class but also secured the reputation of Edward III and the Black Prince. Yet what has been underemphasized in this historical narrative is the role played by men of

more humble origins, none more so than the medieval mariner. This is unfortunate because during the fourteenth century the manpower and ships provided by the English merchant fleet underpinned every military expedition. The aim of this book is to address this gap. Its fresh approach to the sources allows the enormous contribution of the English merchant fleet to the wars conducted by Edward II and Edward III to be revealed; the author also explores the complex administrative process of raising a fleet and provides career profiles for many mariners, examining the familial relationships that existed in port communities and the shipping resources of English ports. Though pricey, this book would be of great interest to the student of logistics history as another example of how nations in the past relied on logistics to support military campaigns as well as the expansion of global trade. DTJ

continued from page 23

continued from page 5

within the university structure as well as in professional development. Technology will support ever more efficient and costeffective ways of learning. Students of all ages will demand to stay connected when learning, even when a class is over. Adults and their employers will see that learning can be accomplished, without physical barriers. Cost savings will be great, and outcomes will improve. DTJ

and no doubt transportation resources will be heavily committed to those efforts.

The DTS is facing a challenging year.

The Middle East continues to be extremely volatile, and North Korea is a big question mark. Hopefully, the world economy will improve and Mother Nature will be kinder than she was in 2011.

I have no doubt that this time next year we’ll be lauding the accomplishments of 2012 that will be a result of the incredible flexibility and responsiveness that characterizes this long-standing civilian/military partnership. I am proud to be associated in some small way with all of you. DTJ

D

Please share your comments at NDTA’s LinkedIn group. Please join the group if you have not yet done so, and we can continue this dialog online.

1 Megan Johnson, www.megsnogginbloggin. wordpress.com, April 18, 2011 2 www.worldwidelearn.com/education-articles/ hybrid-education.html 3 The Chronicle of Higher Education, April 14, 2011 4 US Dept. of Education, “Evaluation of EvidenceBased Practices in Online Learning,” 2009 5 www.gatesfoundation.org 6 The Chronicle of Higher Education, April 14, 2011

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Assessing NDTA’s future depends on many variables, many of which are completely beyond our control. However, as it pertains to our chief sources of income— memberships, registration, exhibits, and sponsorships—we can look to industry trends as an indicator of what’s ahead.

Latest results, as summarized from several associations, trade shows, and meeting sources including surveys, printed predictions, and comments of industry leaders, show the following trends: • 67% rate the health of the meeting industry for 2012 as the same or better than 2011.

• A whopping 81% of meeting planners believe that attendance will be the same or greater at 2012 meetings.

• 80% of trade show exhibitors plan no changes in their 2012 exhibit plans, while 17% say they will add additional tradeshows in 2012.

• Unfortunately, 68% of meeting planners expect “slight increases” in hotel rates in 2012.

So there you have it. Overall, things seem to be looking up slightly in most cases and holding their own or decreasing slightly in others—not really too bad a situation given what we have gone through in the past few years. One thing for sure that has not changed is NDTA’s commitment to our membership. We will continue to provide the most value for the money of any association serving the logistics, transportation, and travel arena. We will continue to be The Association for Global Logistics and Transportation. DTJ

DTJ Index of Advertisers APL..................................................................C3 ARC (ASL Group)............................................15 Avis Budget Group.........................................23 Bennett International Group........................21 Boyle Transportation.......................................6 Farrell Lines......................................................9 FedEx...........................................................Cov4

February 2012

Landstar...........................................................11 Maersk Line, Limited.......................................1 SAIC............................................................Cov2 Service by Air (SBA)......................................19 Union Pacific Railroad..................................12 UPS ....................................................................2

-R E [EV JSYKLX [MXL WXIEPXL ½KLXIVW WQEVX FSQFW ERH RMKLX ZMWMSR XLI QSWX MQTSVXERX [IETSR GSYPH [IPP FI XLIVQEP WSGOW For more than 160 years, APL has been working to ensure our service men and women always have what they need to get the job done. Our unparalleled experience in ocean transportation and in-country logistics sets us apart from the competition. APL’s successful, long-standing relationship with the military proves that we have the resources and know-how to deliver when it counts. We won’t let you down, and more importantly, we won’t let down the troops who rely on the supply chain. We pride ourselves on being the mission critical link to success for our military yesterday and today, and we’ll be there for our troops tomorrow.

To learn more about how we serve those who serve, visit www.apl.com.

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© 2011 FedEx.

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