Draft AI clauses for a federal information-technology buy
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the decisions the lawyer has already written, draft the clauses on training use, retention, subprocessors, and deletion. Leave every decision the lawyer has not made as a blank. Do not insert a FAR clause number.
- What the lawyer must review
- ABA Model Rule 1.1 requires a lawyer to provide competent representation, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. ABA Formal Opinion 512 (29 July 2024) leaves the lawyer responsible for output from a generative tool. FAR 9.505 states two principles: preventing conflicting roles that might bias a contractor's judgment, and preventing unfair competitive advantage, including proprietary information obtained from a Government official without proper authorization, or source selection information, as defined in FAR 2.101, that is relevant to the contract, is not available to all competitors, and would assist that contractor in obtaining the contract. Sections 9.505-1 through 9.505-4 were not opened. The lawyer checks every clause against the solicitation and the decisions already made.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.