Evaluation of Bids/Offers, Contract Award, and GenAI Disclosure - 2302.2

(New: 02/2025)

 

Bid responses may or may not include a GenAI disclosure notification.  Bidders/contractors are required to disclose when providing GenAI as a Deliverable or when GenAI is used to complete all or a portion of a Deliverable that materially impacts: (i) functionality of the System, (ii) risk to the State, or (iii) Contract performance, including GenAI from third parties.  "Materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

Procurement professionals are encouraged to work with their Chief Information Officer (CIO) and programs on how bidders/contractors notify the department if they are providing GenAI as noted above.

If GenAI is disclosed in a bid response, procurement professionals must engage their CIO prior to proceeding with a GenAI purchase or approving a contract that includes GenAI or use of GenAI in performance of a contract.

Confirmation must be kept in the procurement/contract file, which can be an email, or a form created by the department.

The above guidance is applicable to contracts exempt from competition and require the GenAI solicitation language.  Refer to “Procurement Approach for Exempt and NCB Contract Activities” - SCM vol. 2, Chapter 15, section 1508 for a reminder about the use of a solicitation when making these purchases.