---
title: "Apply OMB M-25-22 to a draft AI contract"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/apply-dta-ai-procurement-guidance-to-a-contract/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A50-B8-2-US"
practice_area: "Government Procurement & Tendering"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Apply OMB M-25-22 to a draft AI contract

> From the draft contract and the decisions the lawyer has marked, list whether the draft addresses ownership of intellectual property, a bar on training with nonpublic agency data without consent, and contractual terms…

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/apply-dta-ai-procurement-guidance-to-a-contract/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the draft contract and the decisions the lawyer has marked, list whether the draft addresses ownership of intellectual property, a bar on training with nonpublic agency data without consent, and contractual terms for personally identifiable information. Leave a blank where the lawyer has not marked a decision. Do not insert a clause number. |
| What the lawyer must review | OMB Memorandum M-25-22 (April 3, 2025) gives guidance to agencies on acquiring artificial intelligence. It rescinds and replaces Memorandum M-24-18. It applies to agencies as defined in 44 U.S.C. 3502(1), with some requirements limited to Chief Financial Officers Act agencies, and it does not apply to elements of the Intelligence Community as defined in 50 U.S.C. 3003. It does not govern artificial intelligence used incidentally by a contractor when not directed or required to fulfill requirements. It applies to a contract awarded pursuant to a solicitation issued on or after 180 days after issuance, and to an option to renew or extend exercised after that date. Section 3(e)(iv) says agency processes should ensure contracts permanently prohibit the use of nonpublic inputted agency data and outputted results to further train publicly or commercially available AI algorithms, consistent with applicable law, absent explicit agency consent. Section 3(d) says agencies shall establish policies and processes, including contractual terms, for privacy when an acquired system will handle federal information containing personally identifiable information. ABA Formal Opinion 512 (29 July 2024) leaves the lawyer responsible for clause text. The lawyer decides whether the memorandum covers the buy and what the contract says. |
| Written for | United States |
| Applies to | [Apply DTA AI procurement guidance to a contract](https://ailawframework.com/practice/government-procurement-and-tendering/apply-dta-ai-procurement-guidance-to-a-contract.md) |

## Checking plan

- What the AI does: From the draft contract and the decisions the lawyer has marked, list whether the draft addresses ownership of intellectual property, a bar on training with nonpublic agency data without consent, and contractual terms for personally identifiable information. Leave a blank where the lawyer has not marked a decision. Do not insert a clause number.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- M-24-18 is rescinded by M-25-22. The list does not apply the rescinded memorandum.
- Section 4 of M-25-22 was not used. The 180-day and 270-day periods are stated as the memorandum states them, not as a calculated calendar date.

## Sources

- [OMB Memorandum M-25-22, Driving Efficient Acquisition of Artificial Intelligence in Government (April 3, 2025)](https://www.whitehouse.gov/wp-content/uploads/2025/02/M-25-22-Driving-Efficient-Acquisition-of-Artificial-Intelligence-in-Government.pdf) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*