The Office of Management and Budget (OMB) has issued a Request for Information (RFI) seeking public input on ensuring the responsible procurement of artificial intelligence (AI) systems and services by federal agencies. This RFI presents an important opportunity for entities and individuals to help shape the government’s approach to AI procurement.

The RFI requests feedback on several specific areas:

Strengthening the AI Marketplace

1. How should the federal government use procurement practices like statements of objectives and quality assurance plans for AI?
2. How can OMB promote competition and avoid vendor lock-in across the AI supply chain?
3. How should the federal government assess the benefits from different approaches to AI development (in-house, contracted, licensing, services)?
4. How should AI procurement performance metrics be developed?

Managing AI Performance and Risks

1. What access should agencies have to vendor’s proprietary material to demonstrate governance compliance with respect to the OMB Memorandum Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence?
2. How should the responsibilities for AI testing, evaluation, and impact assessments be split between vendors and federal agencies?
3. What terms should be included in federal contracts to protect government data rights while preserving vendor intellectual property?
4. What terms should be included in contracts for AI systems or services regarding the implementation of the notice and appeal procedures of the OMB Memorandum Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence?
5. How can federal agencies mitigate risks such as illegal content generation?
6. How can OMB insure that federal procurement of AI systems or services in a way that advances equitable outcomes and civil rights protections?

If your organization works in AI, technology, or government contracting, you may be well positioned to provide valuable real-world insights to OMB. Your input could significantly influence federal policies and requirements for procuring AI capabilities.

The deadline for submitting responses to the Federal eRulemaking Portal at www.regulations.gov is April 29, 2024. The RFI notes that respondents are not required to answer all questions, but requests that comments be limited to 8 pages. Also, do not include any confidential information or any content you would not wish to be made publicly available.

This article summarizes aspects of the law and does not constitute legal advice. For legal advice for your situation, you should contact an attorney.