GenAI Disclosure and Special Provisions
Solicitations and contracts must include required language to identify GenAI through disclosure by the Bidder/ Offeror / Contractor to protect the State, ensure that goods and services provided to citizens of California are free of discrimination, are equitable, and accurate.
Limited exceptions apply. See the list of purchases exempt from GenAI procurement procedures below.
GenAI Solicitation Language
All written solicitations, regardless of acquisition type or acquisition method, must contain the following GenAI notification clause:
The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.
Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including GenAI from third parties or subcontractors.
The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.
Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.
Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.
Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.
GenAI Contract Language
All contracts, regardless of acquisition type or acquisition method, must contain the following GenAI notification clause:
During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.
At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.
Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.
The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or or terminate any contract that presents an unacceptable level of risk to the State.
GenAI Special Provisions
When a CDT GenAI consultation indicates the need for special provisions related to the GenAI technology function or service, CDT will require and provide special provision language. No changes are permitted to the GenAI Special Provisions or to any other state standard terms and conditions without the prior approval of CDT/DGS.
No solicitation shall be released, nor shall any contract be executed for the procurement of “Moderate” or “High” risk GenAI technology functions or services until CDT has reviewed and approved the use of GenAI Special Provisions for the solicitation and contract.
These GenAI Special Provisions will be piloted and tested via 2024 GenAI procurements, as well as through a robust stakeholder engagement process. This piloting and stakeholder engagement will result in new GenAI General Provisions to apply to GenAI contracts beginning in January 2025, per the Governor’s Executive Order N-12-23.