Notice2024-06547
Request for Information: Responsible Procurement of Artificial Intelligence in Government
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 29, 2024
Issuing agencies
Management and Budget Office
Abstract
This request for information on the responsible procurement of artificial intelligence is being issued concurrently with the release of the OMB Memorandum titled Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (the "AI M- memo"). Executive Order 14110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, directed OMB within 180 days of the issuance of the AI M-memo to develop an initial means to ensure that agency contracts for the acquisition of AI systems and services align with the guidance provided in the AI M-memo and advance the other aims identified in the Advancing American AI Act ("AI Act").
Full Text
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<title>Federal Register, Volume 89 Issue 62 (Friday, March 29, 2024)</title>
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[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22196-22197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06547]
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OFFICE OF MANAGEMENT AND BUDGET
Request for Information: Responsible Procurement of Artificial
Intelligence in Government
AGENCY: Office of Management and Budget.
ACTION: Request for information: responsible procurement of artificial
intelligence in government.
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SUMMARY: This request for information on the responsible procurement of
artificial intelligence is being issued concurrently with the release
of the OMB Memorandum titled Advancing Governance, Innovation, and Risk
Management for Agency Use of Artificial Intelligence (the ``AI M-
memo''). Executive Order 14110, Safe, Secure, and Trustworthy
Development and Use of Artificial Intelligence, directed OMB within 180
days of the issuance of the AI M-memo to develop an initial means to
ensure that agency contracts for the acquisition of AI systems and
services align with the guidance provided in the AI M-memo and advance
the other aims identified in the Advancing American AI Act (``AI
Act'').
DATES: Responses to this request for information will be accepted for
consideration until April 29, 2024.
ADDRESSES: Responses must be submitted electronically through
<a href="http://regulations.gov">regulations.gov</a>. Mailed paper submissions will not be accepted, and
electronic submissions received after the deadline may not be
considered.
Instructions: Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
to submit your comments electronically. Information on how to use
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``FAQ'' (<a href="https://www.regulations.gov/faq">https://www.regulations.gov/faq</a>).
Privacy Act Statement: OMB is issuing this request for information
(RFI) pursuant to Executive Order 14110.\1\ Submission of comments in
response to this RFI is voluntary. Comments may be used to inform sound
decision-making on topics related to
[[Page 22197]]
this RFI. Please note that submissions received in response to this
notice may be posted in the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a> or otherwise released in their entirety, including
any personal and business confidential information provided. Do not
include in your submissions any information of a confidential nature,
such as personal or proprietary information, or any information you
would not like to be made publicly available. Comments and commenter
information are maintained under the OMB Public Input System of
Records, OMB/INPUT/01. The system of records notice accessible at 88 FR
20913 (<a href="https://www.federalregister.gov/documents/2023/04/07/2023-07452/privacy-act-of-1974-system-of-records">https://www.federalregister.gov/documents/2023/04/07/2023-07452/privacy-act-of-1974-system-of-records</a>) includes a list of routine uses
associated with the collection of this information.
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\1\ E.O. 14110, Executive Order on Safe, Secure, and Trustworthy
Development and Use of Artificial Intelligence.
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Comments containing references, studies, research, and other
empirical data that are not widely published should include electronic
links to the referenced materials, if they are available online.
Please note that the U.S. Government will not pay for response
preparation, or for the use of any information contained in the
response. A response to this RFI will not be viewed as a binding
commitment to develop or pursue the project or ideas discussed.
FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this
Notice to Samantha Hubner at <a href="/cdn-cgi/l/email-protection#5d121b1e1412021c141d12101f7338322d733a322b"><span class="__cf_email__" data-cfemail="e3aca5a0aaacbca2aaa3acaea1cd868c93cd848c95">[email protected]</span></a> with ``AI Procurement
RFI'' in the subject line, or by phone at 202-395-0379.
SUPPLEMENTARY INFORMATION: Consistent with Section 7224(d)(1) of the AI
Act, this ``initial means'' (see SUMMARY section) will at a minimum:
--Address protection of privacy, civil rights, and civil liberties;
--Address the ownership and security of data and other information
created, used, processed, stored, maintained, disseminated, disclosed,
or disposed of by a contractor or subcontractor on behalf of the
Federal Government;
--Include considerations for securing the training data, algorithms,
and other components of any artificial intelligence system against
misuse, unauthorized alteration, degradation, or rendering inoperable;
and
--Address any other issue or concern determined to be relevant by the
Director to ensure appropriate use and protection of privacy and
Government data and other information.\2\
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\2\ AI Act, Section 7224 (d) <a href="https://uscode.house.gov/view.xhtml?req=">https://uscode.house.gov/view.xhtml?req=</a>(title:40%20section:11301%20edition:prelim).
The Administration has undertaken numerous efforts to advance
responsible AI innovation and secure protections for people's rights
and safety.
OMB has issued this RFI to help inform its development of an
initial means to ensure the responsible procurement of AI by Federal
agencies. OMB is specifically asking for information on the questions
posed below. However, this list is not intended to limit the scope of
topics that may be addressed by submissions. Commenters are invited to
provide feedback on any topic believed to have implications for the
procurement of AI by Federal agencies.
When responding to one or more of the questions below, please note
in the text of your response the number of the question to which you
are responding. Commenters should include a page number on each page of
their submissions. Commenters are not required to respond to all
questions, but OMB asks that comments be limited to no more than eight
pages in length.
Strengthening the AI Marketplace
1. How may standard practices and strategies of Federal
procurement, such as Statements of Objectives, Quality Assurance
Surveillance Plans, modular contracts, use of contract incentives, and
teaming agreements,\3\ as well as innovative procurement practices,
such as those in the Periodic Table of Acquisition Innovations,\4\ be
best used to reflect emerging practices in AI procurement? Are there
additional materials or resources that OMB could provide to vendors or
agencies to improve alignment between agency missions and technical
requirements?
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\3\ October 2023, Report on Recommendations on Procurement from
the National Artificial Intelligence Advisor Committee (NAIAC).
\4\ <a href="https://acquisitiongateway.gov/periodic-table">https://acquisitiongateway.gov/periodic-table</a>.
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2. How can OMB promote robust competition, attract new entrants,
including small businesses, into the Federal marketplace, and avoid
vendor lock-in across specific elements of the technology sector,
including data collectors and labelers, model developers,
infrastructure providers, and AI service providers? Are there ways OMB
can address practices that limit competition, such as inappropriate
tying, egress fees, and self-preferencing?
3. Should the Federal Government standardize assessments for the
benefits and trade-offs between in-house AI development, contracted AI
development, licensing of AI-enabled software, and use of AI-enabled
services? If so, how?
4. How might metrics be developed and communicated to enable
performance-based procurement of AI? What questions should agencies be
asking vendors to determine whether AI is already being used in
performance-based services contracts?
Managing the Performance and Risks of AI
5. What access to documentation, data, code, models, software, and
other technical components might vendors provide to agencies to
demonstrate compliance with the requirements established in the AI M-
memo? What contract language would best effectuate this access, and is
this best envisioned as a standard clause, or requirements-specific
elements in a statement of work?
6. Which elements of testing, evaluation, and impact assessments
are best conducted by the vendor, and which responsibilities should
remain with the agencies?
7. What if any terms should agencies include in contracts to
protect the Federal Government's rights and access to its data, while
maintaining protection of a vendor's intellectual property?
8. What if any terms, including terms governing information-sharing
among agencies, vendors, and the public, should be included in
contracts for AI systems or services to implement the AI M-memo's
provisions regarding notice and appeal (sections 5(c)(v)(D) and (E))?
9. How might agencies structure their procurements to reduce the
risk that an AI system or service they acquire may produce harmful or
illegal content, such as fraudulent or deceptive content, or content
that includes child sex abuse material or non-consensual intimate
imagery?
10. How might OMB ensure that agencies procure AI systems or
services in a way that advances equitable outcomes and mitigates risks
to privacy, civil rights, and civil liberties?
David A. Myklegard,
Deputy Federal Chief Information Officer.
Christine J. Harada,
Senior Advisor, Office of Federal Procurement Policy, Performing, by
delegation, the duties of the Administrator for Federal Procurement
Policy.
[FR Doc. 2024-06547 Filed 3-28-24; 8:45 am]
BILLING CODE 3110-01-P
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