artificial intelligence

Photo of Trina Fairley BarlowPhoto of Michelle ColemanPhoto of Eric RansomPhoto of Kris D. MeadePhoto of Rebecca SpringerPhoto of Anuj VohraPhoto of Katie AberPhoto of Laura J. Mitchell Baker

Now more than ever, federal contractors find themselves at the intersection of innovation and regulation, particularly in the realm of Artificial Intelligence (AI).  AI is now incorporated into a broad range of business systems, including those with the potential to inform contractor employment decisions.  For that reason, the Office of Federal Contract Compliance Programs (OFCCP) has issued new guidance entitled “Artificial Intelligence and Equal Employment Opportunity for Federal Contractors” (the “AI Guide”).  OFCCP issued the AI Guide in accordance with President Biden’s Executive Order 14110 (regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”), which we reported on here.  The AI Guide provides answers to commonly asked questions about the use of AI in the Equal Employment Opportunity (EEO) context.  The AI Guide also offers “Promising Practices,” which highlight a number of important considerations for federal contractors.  Focusing on federal contractors’ obligations and attendant risks when utilizing AI to assist in employment-related decisions, the AI Guide also provides recommendations for ensuring compliance with EEO requirements while harnessing the efficiencies of AI.Continue Reading Harmonizing AI with EEO Requirements: OFCCP’s Blueprint for Federal Contractors

Photo of Michelle ColemanPhoto of Laura J. Mitchell BakerPhoto of Zariah Altman

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. Continue Reading DoD Releases Additional Guidance on the Department’s Artificial Intelligence Strategy

Photo of Michael G. Gruden, CIPP/GPhoto of Evan D. WolffPhoto of Laura J. Mitchell BakerPhoto of Kate BealePhoto of Lorraine M. CamposPhoto of Alicia ClausenPhoto of Michelle ColemanPhoto of Aaron CummingsPhoto of Jodi G. DanielPhoto of Kate GrowleyPhoto of Jacob HarrisonPhoto of Garylene “Gage” JavierPhoto of Paul KellerPhoto of Matthew MoisanPhoto of Lidia Niecko-NajjumPhoto of Eric RansomPhoto of Anna Z. SaberPhoto of Neda ShaheenPhoto of Roma SharmaPhoto of William TuckerPhoto of Jennie Wang VonCannonPhoto of Alexis WardPhoto of Tiffany Wynn

On October 30, 2023, President Biden released an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI).  This landmark EO seeks to advance the safe and secure development and deployment of AI by implementing a society-wide effort across government, the private sector, academia, and civil society to harness “AI for good,” while mitigating its substantial risks.Continue Reading Biden’s Executive Order on Artificial Intelligence

Photo of Michelle ColemanPhoto of Laura J. Mitchell BakerPhoto of William B. O'ReillyPhoto of Rachel Schumacher

On September 14, 2023, the Senate Committee on Homeland Security & Governmental Affairs hosted a hearing called “Governing AI Through Acquisition and Procurement” (Hearing).  Senator Gary Peters (D-MI) opened the Hearing, explaining that the purpose was to explore how the U.S. government would purchase AI technologies and establish guidelines and standards for the development and use of those technologies.  Sen. Peters noted that over half of AI tools used by the federal government are purchased from commercial vendors and that the U.S. government should be careful in its procurement and use of these tools.

The hearing covered a wide range of topics, including:  (i) how the U.S. government can establish standards for AI data to better serve the needs of AI vendors/contractors when procuring AI technology; (ii) potential changes to procurement training; (iii) how the acquisition process can be changed to adapt to the unique demands of AI procurement; (iv) how the procurement process can be used to influence the development of AI technologies; and (v) other topics including potential censorship, AI bias, and government overreach as discussed below.Continue Reading Congress Discusses How To Govern The Acquisition of AI

Photo of Kate M. Growley, CIPP/G, CIPP/USPhoto of Adelicia R. CliffePhoto of Jonathan M. BakerPhoto of Laura J. Mitchell BakerPhoto of Michelle Coleman

On November 15, 2021, the Defense Innovation Unit (DIU) released its Responsible Artificial Intelligence (AI) Guidelines (“RAI Guidelines”) to help contractors and federal officials gauge whether AI technology and programs align with the Department of Defense’s (DoD) Ethical Principles for AI (as we previously reported on here). Specifically, the RAI Guidelines provide a process

Photo of Kate M. Growley, CIPP/G, CIPP/USPhoto of Adelicia R. CliffePhoto of Jonathan M. BakerPhoto of Michelle ColemanPhoto of Laura J. Mitchell Baker

On December 3, 2020, the President issued Executive Order 13960, Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government. The Executive Order signals yet again the Federal Government’s emphasis on the use of AI and the importance of ensuring that AI is used in a manner that does not violate Americans’ privacy,

Photo of Kris D. MeadePhoto of Rebecca SpringerPhoto of Kate M. Growley, CIPP/G, CIPP/USPhoto of Laura J. Mitchell Baker

Following the announcement of the White House’s Executive Order on Maintaining American Leadership in Artificial Intelligence (EO) and the Department of Defense’s (DOD) Artificial Intelligence Strategy (AI Strategy) in February, as reported on here, the United States recently endorsed the Organization for Economic Co-operation and Development Council’s (OECD) Recommendation on Artificial Intelligence (Recommendation) –

Photo of Peter J. Eyre

This week’s episode covers cost accounting, artificial intelligence, and protest news, and is hosted by partners David Robbins and Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

Listen