Contract Management & GenAI Procurement Requirements - 2304

Contracts for the purchase of, or that include, GenAI may include unique, contract-specific requirements to ensure the State is adequately protected.

Contract managers shall continuously monitor, assess, and validate GenAI contract deliverables for equitable outcomes, output inaccuracies, fabricated content, hallucinations, biases, and the need for human action for all decision-making processes to ensure applicable state laws and policies are followed. Contract managers must work closely with their department GenAI subject matter expert to assess and validate contract deliverables.

Contract managers must enforce GenAI contract terms, as noted in the applicable General Provision or General Terms and Condition document, by monitoring for any previously unreported GenAI, including any new, additions or modifications of previously reported GenAI.

Upon discovery and/or when contractors disclose previously unreported GenAI or an intent to provide or use new GenAI in the performance of the contract, contract managers must engage the department's Chief Information Officer (CIO) to determine how to proceed.

Changes to contractor’s use of GenAI may require an amendment to the contract.