All of the issues that come up within the intent of the regulation are already covered by other bodies of law. You re asking contracting officers to make very subjective decisions without giving them the tools or the training to make those decisions, said Charles Cantus, vice president of government relations at the Professional Services Council. The Arlington, Va., association represents the technical and professional services industry. Washington attorney Rand Allen said the rules are completely inconsistent with the whole movement toward procurement reform over the last decade or so, and in particular to make it easier for high-tech companies to do business with the government. Allen, a partner in the firm Wiley, Rein and Fielding, which represents government agencies on contracting issues, is also lead counsel on a lawsuit filed Dec. 22 against the rules by several business groups.
Some opponents also say the rules are rooted in the politics of the previous administration.
Former Vice President Al Gore first promoted the responsible contracting regulation in a speech to the AFL-CIO in 1997. The initiative made its way through the regulatory process despite opposition from officials at several agencies. The high-tech industry is very pleased to see the federal government is taking steps to overturn this regulation. Removing it is going to make it that much easier for the government to purchase IT products. The contracting rules are among several controversial initiatives that went into effect in the latter days of the Clinton administration and are now being challenged.