GSA’s draft AI terms
GSA’s Federal Acquisition Service has proposed contract terms that would require contractors to disclose AI use and clarify government use rights for AI-related deliverables. (jdsupra.com) McGuireWoods’ analysis highlights that buyers will likely start probing model provenance, training data and output rights as part of procurements. (jdsupra.com)
The General Services Administration is moving to make artificial intelligence vendors tell the government what tools they use and what rights the government gets in the work those tools produce. (buy.gsa.gov) The draft clause, numbered 552.239-7001 and dated February 2026, says contracting officers “must insert” it in solicitations and contracts for artificial intelligence capabilities. GSA released it as part of proposed Multiple Award Schedule Refresh 31 changes in March 2026. (buy.gsa.gov) (nextgov.com) The text defines government data broadly to include prompts, queries, system prompts, source documents, outputs, metadata, logs and synthetic data generated during contract performance. It also says “custom development” includes model training or fine-tuning done specifically for the government. (buy.gsa.gov) That matters because federal agencies are no longer buying only ordinary software licenses. The Government Accountability Office said on April 13, 2026, that agencies more than doubled their use of artificial intelligence from 2023 to 2024 and are buying it as both products and ongoing services. (gao.gov) The procurement fight is increasingly about control. The Office of Management and Budget opened a governmentwide request for information on responsible artificial intelligence procurement on March 29, 2024, after directing agencies to align contracts with federal artificial intelligence governance guidance. (federalregister.gov) GSA’s draft goes beyond disclosure. A legal analysis by McGuireWoods said the proposal would give the government ownership of data inputs, data outputs and custom developments, while limiting contractors to a revocable license to use that data only to perform the contract. (subjecttoinquiry.com) The same analysis said contractors would be barred from using government data to train or improve models for other customers, would have to disclose all artificial intelligence systems used in performance within 30 days of award, and would have to report security incidents within 72 hours. (subjecttoinquiry.com) Industry groups are pushing back on the use-rights language. Nextgov/FCW reported on April 3, 2026, that the draft would let the government use artificial intelligence tools for “any lawful government purpose,” a phrase that drew objections from trade groups after disputes this year over whether vendors can restrict national security uses. (nextgov.com) GSA is also pushing agencies toward faster artificial intelligence buying through its OneGov deals and central procurement pages. Its “Buy AI” page now lists governmentwide offers for tools including ChatGPT Enterprise, Gemini for Government and Grok for Government Teams, alongside guidance to test systems in pilots and use FedRAMP-authorized cloud services. (gsa.gov) The immediate question is whether the draft survives industry comments intact. If it does, federal buyers will have a template for asking not just what a model can do, but where it came from, what data touched it, and who owns the result. (buy.gsa.gov) (subjecttoinquiry.com)
