Even if the Bush regime rescinds the new rule, its evolution is a lesson in how government procurement gets caught up in other issues of public policy. At press time, the Civilian Agency Acquisition Council told non-Defense agencies they could delay implementation of the rules from Jan. 19 to July 15. I expect the Defense Department to follow suit soon. The story starts in July 1999, when the Office of Federal Procurement Policy issued proposed changes to a long-standing section of the Federal Acquisition Regulation requiring that prospective contractors be found responsible. This test is as vague as it sounds.
Responsibility has several attributes.
The contracting officer makes this judgment, with no guiding standards in the regulation. At first blush, the proposed rules seemed to solidify matters. Tax law violation would always be sufficient for a finding of nonresponsibility. Although this proposal appeared to impose some standards, it sparked instant and vehement opposition. Contractors objected that it amounted to a new form of blacklisting for violations unrelated to the procurement process.