Government Contracting | Burr & Forman LLP

How GenAI Misuse is Changing in Procurement Litigation

David P. J. Timm — Fri, 11 Sep 2026 09:00:01 -0400

On the last day of March 2025, the Court of Federal Claims (COFC) issued the first procurement decision openly discussing “GenAI Misuse.”^[1] I published a comprehensive 2025 report on GenAI Misuse in procurement litigation at the beginning of 2026.^[2] There, I defined GenAI Misuse as the intentional or negligent use of an LLM resulting in inaccuracies that waste public and private resources.

Over halfway through 2026, GenAI Misuse is increasing, particularly among lawyers. Research shows that this increase also does not account for a significant amount of non-public GenAI ...

Another CMMC Pause: Cyber Compliance Obligations Remain—And the False Claims Act Lurks

Kelsey M. Hayes, Michael W. Rich, David P. J. Timm — Thu, 30 Jul 2026 09:00:02 -0400

The Department of War (“DOW”) suspended Cybersecurity Maturity Model Certification (“CMMC”) Phase 2 requirements, scheduled to take effect on November 10, 2026, for at least 60 days while a newly established “CMMC Reform Task Force” undertakes a comprehensive review of the program. Importantly, the suspension pauses only DOW’s mechanism for verifying contractor compliance with existing, mandatory cybersecurity controls—it does not pause or eliminate a contractor’s obligation to implement and maintain the controls required under FAR 52.204-21 and ...

Unleashing the Defense Production Act to Boost Domestic Energy

Kelsey M. Hayes, Dirk D. Haire, Cheri Turnage Gatlin — Fri, 08 May 2026 09:00:03 -0400

On April 20, 2026, the White House issued five presidential determinations invoking Title III of the Defense Production Act (“DPA”) across the domestic energy sector—a significant step that unlocks a powerful set of federal financing tools for energy and infrastructure contractors, as well as the companies making up their supply chains. Each determination declares a core energy system “essential to national defense” and authorizes the Department of Energy (“DOE”) to deploy financial incentives including direct purchases, purchase commitments, loans, and ...

Should the Government Use AI Tools to Evaluate Contract Proposals?

Michael J. Brewer — Tue, 07 Apr 2026 09:00:04 -0400

Contractors should prepare to have their next proposal rejected by a chatbot. If you’re competing for an award under Notice ID H9240026RE001, a US Special Operations Command IDIQ, the government disclosed that it “may employ AI as a tool to assist in the analysis and review of offeror proposals,” for tasks like “summarizing proposal content, identifying compliance with request for task order proposal / solicitation requirements, and highlighting areas of potential strength, weakness, or risk.”

The government qualifies its intent to use AI, stating that, “all final ...

GSA Releases Draft AI Clause Ahead of Upcoming MAS Refresh

Kelsey M. Hayes, Elizabeth B. Shirley, CIPP/US, CIPM, AIGP, David P. J. Timm — Tue, 17 Mar 2026 09:00:05 -0400

Following the government’s very public breakup with Anthropic, GSA released draft artificial intelligence (“AI”) terms and conditions that it intends to include as part of its upcoming Multiple Award Schedule (“MAS”) refresh, currently planned for late March or April 2026. MAS contractors should take note: GSA’s draft clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (Feb 2026) (GSAR Deviation) represents the most comprehensive attempt to define contractor obligations when deploying AI capabilities in the performance ...

Cybersecurity Noncompliance as a Deal Risk: FCA Exposure in Government Contracts M&A and Private Equity

Kelsey M. Hayes, Sean Milani-nia, A. Michelle West — Mon, 16 Feb 2026 09:00:06 -0500

Earlier this year, the U.S. Department of Justice (“DOJ”) published its annual statistics on False Claims Act (“FCA”) settlements and judgments for fiscal year 2025—and reported a whopping $6.8 billion in recoveries. Of this amount, DOJ recovered $52 million in FCA cybersecurity actions. These actions were premised on allegations that the contractor failed to implement certain contractual cybersecurity controls during the performance of a government contract.

In many instances, however, liability was not limited to the contractor performing the work, but ...

Gen-AI Misuse in Procurement Litigation

David P. J. Timm — Tue, 06 Jan 2026 09:00:07 -0500

Introduction

In 2025, federal contractors relied on large language models (“LLM”) for assistance in preparing a significant number of bid and size protests, monetary appeals, and related federal procurement litigation (together “Disputes”). We know that because at least twenty 2025 public Decisions showed the “hallmarks” of Generative Artificial Intelligence misuse (“Gen-AI Misuse”), defined as the intentional or negligent use of an LLM resulting in inaccuracies that waste public and private resources.^[1]

LLMs are prone to inaccuracies, fabrications ...