Artificial Intelligence and State Assessment Contracts

Translating Technical Guidance into Clear Language

This brief describes the key opportunities and risks in using artificial intelligence (AI), in particular generative AI (GenAI), for the phases of a statewide assessment program, and discusses the types of contract language that should be included in requests for proposals (RFPs) and vendor contracts to ensure that the vendor takes proper steps to safeguard against the risks.

The brief is organized into three major components:

  • General frameworks that can provide guidance on understanding the technical quality and necessary safeguards for AI/GenAI systems
  • Cross-cutting governance principles are required to ensure transparency, oversight, security, and proper system maintenance for AI/GenAI systems
  • Full phase-by-phase assessment lifecycle analysis with potential applications, risks, and contract levers

The appendix presents potential contract clauses that operationalize these principles.

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