Counsel Commentary: OMB Issues AI Acquisition Guidance

As the use of artificial intelligence (AI) has become more widespread over the past several years, Congress and the Biden administration have taken steps to ensure that the federal government can harness its potential while also managing the unique risks it poses. 

In September, the Office of Management and Budget (OMB) issued Memorandum M-24-18, “Advancing the Responsible Acquisition of Artificial Intelligence in Government.” This document begins to shape the acquisition of responsible AI systems within the federal government and establishes certain requirements that agencies must include in AI-related contracts. 

In his monthly Contract Management Magazine column, “OMB Issues AI Acquisition Guidance,” Rogers Joseph O’Donnell shareholder Stephen L. Bacon explains the requirements that will impact agencies who leverage AI systems and how they could be affected by the memorandum. He also discusses how this policy is different from past guidance provided by OMB. 

“M-24-18 is a first step towards establishing a standard framework for AI-related contract requirements,” Bacon writes. “Contractors and agency acquisition professionals should expect that these requirements will continue to evolve and expand as AI adoption and innovation continues to accelerate.”

The piece, which appears in the magazine’s December issue (subscription required), is the latest entry in Bacon’s monthly Counsel Commentary column and is published by the National Contract Management Association. It was used with permission.

Read Bacon’s latest Contract Management article here.