ABC CRITICIZES THE POLITICIZATION OF FEDERAL GOVERNMENT CONTRACTING (05/17/2011)
Associated Builders & Contractors

On May 17 ABC joined 88 other organizations in urging President Obama not to sign an executive order that would require companies to disclose their political spending, including that of the officers and directors, as a condition for bidding on federal contracts. 

In a letter sent to the president, the groups oppose the draft executive order because it infringes on political speech, which is at the core of the First Amendment.  In addition, the letter points to the troubling aspect of the draft executive order that would force individual officers and directors to disclose personal political spending.  

“The proposed order will either encourage covered speakers to refrain from exercising their constitutional speech rights so as to avoid jeopardizing their competitiveness for federal contracts, or it will encourage speakers to alter their political messages in ways perceived to increase their chances of being awarded federal contracts,” the letter stated. “Either effe ct is a problem under the First Amendment.” 

The letter also pointed out that the draft executive order would unfairly disadvantage companies and the organizations that represent those companies by curtailing their ability to participate fully in the political process, without applying those same restrictions to unions and organizations focused on grants and aid. 

“This Executive Order would politicize the bidding process and open the door to cronyism and malfeasance,”said ABC President and CEO Mike Bellaman . “The Executive Order would not improve the procurement process in any way, but would only serve to inject politics into an area where it has no place or value.” 

If signed, the executive order would override the decision of Congress, which rejected the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act last year. 

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