- Posts by David P. J. Timm
PartnerDavid P.J. Timm represents government contractors in high-stakes bid protests and claims against federal agencies. He Chairs the Bid Protest Committee for the Federal Bar Association and publishes and presents on bid protest ...
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 ...
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 ...
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 ...
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 ...
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