United States of America: Implemented obligations outlined in OMB guidance to identify contracts related to Artificial Intelligence

On 1 November 2024, the guidance on advancing responsible acquisition of Artificial Intelligence (AI) in government issued by the United States Office of Management and Budget enters into force. The guidance requires agencies to identify contracts associated with the use of rights-impacting or safety-impacting AI. The guidance imposes several obligations for federal agencies acquiring AI, including the early involvement of agency privacy officials to manage privacy risks, collaboration with vendors to identify risk management triggers and the utilisation of outcomes-based acquisition techniques. The guidance requires agencies to negotiate contractual requirements for vendors to provide sufficient information for risk evaluation and protect government data in AI-related decision-making. Additionally, the guidance encourages robust competition among suppliers and mandates the establishment of cross-functional teams to manage risks and inform strategic planning for AI acquisition.