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On November 2, 2023, the Department of Defense (DoD) released its 2023 DoD Data, Analytics, and Artificial Intelligence Adoption Strategy (2023 Strategy), and an accompanying Fact Sheet, to accelerate the adoption of analytics, data, and artificial intelligence (AI) technologies that will enable better and faster decision-making at all levels and across the DoD.  The 2023 Strategy builds upon and supersedes the DoD’s first AI Strategy published in 2019, reported on here, and the revised Data Strategy published in 2020 to continue the DoD’s digital transformation, unifying previous guidance and enabling stronger alignment and synchronization to scale advanced capabilities for use across the DoD. 

Developed by the Chief Digital and AI Office (CDAO), the 2023 Strategy describes the approach to improving the organizational environment within which DoD leaders and warfighters will be able to make rapid, well-informed decisions by expertly leveraging high-quality data, advanced analytics, and AI for enduring decision advantage.  Strengthening decision advantage for the DoD’s warfighting and business operations is key to maintaining a resilient future force that can address a broader array of operational problems, dynamically campaign and deter, and prevail in conflict, if necessary.  The 2023 Strategy also focuses on the DoD’s efforts to support the DoD “AI Hierarchy of Needs,” defined as: quality data, governance, insightful analytics and metrics, assurance and responsible AI.  For this AI Hierarchy of Needs, the DoD’s goals are to: (i) invest in interoperable, federated infrastructure; (ii) advance the data, analytics and AI ecosystem; (iii) expand digital talent management; (iv) improve foundational data management; (v) deliver capabilities for the enterprise business and joint warfighting impact; and (vi) strengthen governance and remove policy barriers. 

To succeed here, the 2023 Strategy emphasizes it cannot do so alone.  DoD will follow an “adopt-buy-create” framework similar to the DoD Software Modernization Strategy and Office of Management and Budget (OMB) Circular A-130, Managing Information as a Strategic Resource.  Specifically, this “adopt-buy-create” framework will likely proceed as follows: DoD leaders will first seek to adopt solutions that are already Joint- or Component-sponsored before exploring capabilities available on the open market; next, when DoD-owned shared services are unavailable, the DoD will challenge vendors to solve specific business and mission problems, while designing acquisition strategies to avoid vendor lock-in; finally, DoD customers with clean, high-quality data can seek commercially available analytics and AI capabilities while retaining appropriate data rights.

The 2023 Strategy also emphasizes that government contracts for commercial solutions will ensure the DoD’s capability pipelines address changing requirements while protecting industry intellectual property.  The DoD understands that commercial solutions may not always meet mission requirements but that such solutions can provide capabilities for dual-use applications.  The use of commercial applications, software, and support frees up DoD engineers for inherently governmental work and challenges.  Therefore, DoD desires a data, analytics, and AI “ecosystem” that fosters commercial competition and collaboration when developing and deploying AI-enabled systems.  DoD will only create its own solutions when commercial solutions and applications cannot be adopted to meet its specific mission needs.  Based on the Strategy, there will be opportunities for AI companies/government contractors to support DoD’s use of AI-enabled systems.  Such companies should look out for these opportunities in the future.  Crowell continues to monitor developments of the procurement of AI technologies by the federal government.

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Photo of Michelle Coleman Michelle Coleman

Michelle D. Coleman is a counsel in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. Michelle advises clients from diverse industries in connection with contract disputes and other government contract matters, including Contract Disputes Act (CDA) claims and requests for…

Michelle D. Coleman is a counsel in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. Michelle advises clients from diverse industries in connection with contract disputes and other government contract matters, including Contract Disputes Act (CDA) claims and requests for equitable adjustments, fiscal law questions, prime-sub disputes, and bid protests.

Photo of Laura J. Mitchell Baker Laura J. Mitchell Baker

Laura J. Mitchell Baker is a counsel with Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office.

Laura represents government contractors in litigation and administrative matters, including contract disputes with state and federal entities, suspension and debarment proceedings, mandatory disclosures…

Laura J. Mitchell Baker is a counsel with Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office.

Laura represents government contractors in litigation and administrative matters, including contract disputes with state and federal entities, suspension and debarment proceedings, mandatory disclosures to the government, prime-sub disputes, and False Claims Act investigations. Her practice also includes counseling on federal, state, and local government contracts, government contracts due diligence, and regulatory and compliance matters, as well as conducting internal investigations.

Photo of Zariah Altman Zariah Altman

Zariah helps clients with antitrust investigations, government contracts matters, including bid protests, and other complex and fast-paced disputes.

In her antitrust practice, Zariah provides counsel on a range of issues and agency actions, including investigations into company hiring practices, such as no-poach/non-solicitation. In…

Zariah helps clients with antitrust investigations, government contracts matters, including bid protests, and other complex and fast-paced disputes.

In her antitrust practice, Zariah provides counsel on a range of issues and agency actions, including investigations into company hiring practices, such as no-poach/non-solicitation. In addition, in the area of government contracts, she advises clients on agency submissions, state and federal regulatory compliance, including FOIA requests, and bid protests.

She received her J.D., cum laude, from Howard University School of Law and served as a senior articles editor for the Howard Law Journal. Zariah worked as a Henry Ramsey Dean’s Fellow for a legal writing professor and as a student attorney in Howard’s Reentry Clinic, where she represented clients with criminal records that were seeking to have their records sealed or to terminate their parole early.