Section 3685, Title 39, U.S.C. Showing Ownership, Management, and Circulation Defense Acquisition magazine is published bimonthly at War- fighting Acquisition University, Fort Belvoir, Va. 22060-5565. The university publishes six magazine issues annually. The university press is headed by Norene L. Johnson; the managing editor of Defense Acquisition is Benjamin Tyree; and the publisher is the Warfighting Acquisition University Press. All are located at the following address: Attn: Visual Arts and Press, 9820 Belvoir Rd., Bldg 205, Fort Belvoir, Va. 22060-5565. Average Number of Copies of Each Issue During the Preceding 12 Months A. Total Number of Copies (Net Press Run):________________________________________3260 B. Paid Circulation (By Mail and Outside the Mail):_ ____________________________ 0 C. Total Paid Distribution________________________________ 0 D. Free or Nominal Rate Distribution Outside County_ ___3082 E. Free or Nominal Rate In-County________________________ 0 F. Free or Nominal Rate Mailed at Other Classes Through the USPS____________________________________ 2 G. Free or Nominal Rate Distribution Outside the Mail______ 77 H. Total Free or Nominal Rate Distribution______________ 3161 I. Total Distribution:_________________________________ 3161 J. Copies not Distributed: ______________________________99 K. Total____________________________________________3260 L. Percent Paid_________________________________________ 0 Actual Number of Copies of Single Issue Published Nearest to Filing Date A. Total Number of Copies (Net Press Run):________________________________________ 3419 B. Paid Circulation (By Mail and Outside the Mail):_ ____________________________ 0 C. Total Paid Distribution________________________________ 0 D. Free or Nominal Rate Distribution Outside County_ ___ 3169 E. Free or Nominal Rate In-County________________________ 0 F. Free or Nominal Rate Mailed at Other Classes Through the USPS____________________________________ 2 G. Free or Nominal Rate Distribution Outside the Mail______40 H. Total Free or Nominal Rate Distribution_______________3211 I. Total Distribution:__________________________________3211 J. Copies not Distributed: _____________________________208 K. Total____________________________________________3419 L. Percent Paid_________________________________________ 0
violation and any impact it may have on the procurement. In contrast to the role of law en- forcement, the CO is not obliged to determine whether an actual PIA violation has occurred with a view toward holding the violator crimi- nally responsible. Rather, the CO must make a timely determination if the procurement has been impacted by a PIA violation. The CO is required to make an initial inquiry and to follow the process specified in FAR 3.104-7. The ultimate investigation may require a significant effort that would include reviewing documents, inter- viewing both agency and contractor personnel, and obtaining the as- sistance of agency counsel. The CO should document the agency’s efforts with the expectation of a protest or review by a third party. As evidenced by both GAO and COFC decisions, reasonable and documented agency investigations generally prevail against protest. DAVIDSON was the Deputy Associate Gen- eral Counsel, Acquisition and Procurement Law, Office of General Counsel, Department of Homeland Security prior to his recent re- tirement. Earlier, he served as a field artillery officer and as an Army judge advocate, retir- ing as a lieutenant colonel. Davidson earned his B.S. from the U.S. Military Academy, his J.D. from the College of William & Mary, an LL.M. in Military Law from the Army’s Judge Advocate General’s School, a second LL.M. in Government Procurement Law from George Washington University (GWU), and a Doctor of Juridical Science (S.J.D.) in Government Pro- curement Law from GWU. The views expressed in this article are those of the author and do not necessarily reflect the official policy of the Department of the Army, Department of War, or the U.S. Government.
Related Resources • CON 216 Legal Considerations in Contracting (Course) • ACQ 3700V Acquisition Law (Virtual Instructor-led Training)
48 | DEFENSE ACQUISITION | November-December 2025
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