Open Senate race could reshape contracting oversight in House

Virginia Republican Rep. Tom Davis' likely candidacy to succeed retiring Sen. John Warner could leave federal contractors without a strong advocate in the House.

"There isn't anyone who has done as much, or has been as involved, in federal contracting issues as Rep. Davis," said Larry Allen, executive vice president of the Washington-based Coalition for Government Procurement, a trade association that represents contractors. "His shoes would be very hard to fill."

Davis, a moderate Republican representing suburban Fairfax County, has not publicly declared his candidacy for the open Senate seat, and sources indicate he may wait until after Virginia's General Assembly elections in November to announce his plans. Davis long has been rumored to be interested in a Senate run, and multiple news reports, citing a congressional source close to the representative, have indicated that he plans to run.

The former attorney who has represented Virginia's 11th district since 1994 would likely face an uphill climb in the Senate race. Former Virginia Gov. Jim Gilmore, a more conservative Republican, is considering a run, setting the stage for a potentially fierce primary battle between the party's moderate and right-of-center factions.

And, waiting in the wings for the winner of the primary could be Mark Warner, Virginia's popular former Democratic governor, who has hinted that he will declare his candidacy within the next week or two.

Davis' departure would leave federal contractors -- many of which are headquartered in the congressman's district -- without one of their most knowledgeable and powerful advocates. The ranking member and former chairman of what is now the Oversight and Government Reform Committee, Davis is arguably the most well-versed House Republican on complex procurement statutes and practices. He co-sponsored the 1996 Federal Acquisition Reform Act that helped streamline government buying, and wrote the 2003 Services Acquisition Reform Act creating the position of chief acquisition officer and the 2006 General Services Administration Modernization Act establishing the agency's consolidated Federal Acquisition Service.

Most recently, Davis has backed GSA's embattled Administrator Lurita Doan, even after the Office of Special Counsel found she violated the Hatch Act, which prevents federal employees from engaging in politics in the workplace. The committee's chairman, Rep. Henry Waxman, D-Calif., a frequent Davis antagonist, has called on Doan to resign.

Waxman may, in fact, have the most to gain if Davis departs for a Senate run. Although the two have an amicable, albeit occasionally quarrelsome, relationship, Davis and Waxman have starkly different opinions concerning federal contracting. Waxman favors significantly tighter regulations to curb no-bid and sole source contracts while Davis has promoted an approach that would provide acquisition professionals with greater flexibility to choose from a number of contracting options.

With procurement oversight among the more hotly debated and controversial topics in the federal arena, Davis' departure could swing the balance in favor of a more regulatory approach.

"This would clearly be a loss," said Alan Chvotkin, senior vice president of the Professional Services Council, an Arlington, Va., trade group that represents contractors. "He is fairly unique in his experience and contracting knowledge."

While few other House -- or for that matter, Senate -- Republicans can match Davis' familiarity with or personal interest in contracting-related issues, procurement experts suggested that a few under-the-radar lawmakers may be ready to step up as the leading voice on Capitol Hill.

The name most often cited is Rep. Brian Bilbray of California, ranking member of the Oversight and Government Reform Subcommittee on Government Management, Organization and Procurement. Bilbray has a number of major defense contractors in his San Diego district, which formerly was represented by the now imprisoned Randy "Duke" Cunningham.

Another potential candidate is Rep. Christopher Shays of Connecticut, ranking member of the Oversight and Government Reform Subcommittee on National Security and Foreign Affairs. The subcommittee held a high-profile hearing in late July on potential waste, fraud and abuse with the contractor for the U.S. Embassy in Iraq.

The political direction of the Oversight and Government Reform Committee may dictate who steps up on the Republican side of the aisle, Allen said. If the committee takes a more legislative approach, a conciliatory figure like Bilbray or Shays might fill the void. However, if Waxman continues with his rigorous oversight, a more confrontational lawmaker, such as former Committee Chairman Rep. Dan Burton, R-Ind., or Rep. John Mica, R-Fla., could be favored.

"There is going to be a lot on their plate, and that person needs to have an interest in issues that are complex and do not come naturally," Chvotkin said. "It can't be just a district issue; it needs to be a personal issue."

Meanwhile, none of the candidates expected to run for Davis' seat in the House appear schooled enough in contracting issues to assume the reins.

Democratic names being bantered about include Fairfax County Board of Supervisors Chairman Gerald Connolly, former Rep. Leslie Byrne, who lost her seat to Davis, and Iraq war veteran Doug Denneny.

The potential Republican field is less clear, with Prince William County Board Chairman Corey Stewart among the more likely candidates, said Stuart Rothenberg, founder of the nonpartisan Rothenberg Political Report. The Hill, a newspaper that covers Congress, reported Wednesday that Virginia State Sen. Jay O'Brien, State Del. Tim Hugo and U.S. Maritime Administrator Sean Connaughton could also throw their hats in the ring.

Allen suggested an intriguing dark horse could also slip in: State Sen. Jeannemarie Devolites-Davis, the congressman's wife.

"They share many of the same issues and she would be seen as a successor [to Davis]," Allen said. "The Republicans would be hard pressed to find a better candidate than Jeannemarie."

However, a Devolites-Davis run seems unlikely. The freshman lawmaker, who is engaged in a tough re-election battle, told The Hill that she has no intention of ever running for Congress.

No matter who runs for the seat, experts suggest that Davis' seat is no longer a lock to be inhabited by a Republican. "That northern Virginia district has been moving more Democratic," Rothenberg said. "Candidate specifics aside, it's a toss-up."