David Timm was recently featured as a guest on the Breaking the Standard podcast, where he discussed the growing misuse of generative artificial intelligence (GenAI) in federal procurement litigation. Drawing on his experience representing government contractors in bid protests and claims, David examined how large language models are increasingly being used, often improperly, in filings before tribunals such as the Government Accountability Office and the Court of Federal Claims.

During the episode, David explained that while GenAI tools can reduce friction and cost in litigation, their misuse has led to fabricated legal citations, factual inaccuracies, and other errors that strain the procurement system. As he noted, GenAI can generate “plausible but error-ridden filings with little effort,” creating risks for both tribunals and parties involved in the protest process.

David also highlighted how repeated misuse can undermine the integrity of procurement forums and delay critical government acquisitions, emphasizing that some contractors are exploiting these tools to file meritless protests at virtually no cost. He warned that tribunals are increasingly recognizing the issue, explaining that GenAI misuse can result in “hallucinations” that include “fabricated facts and citations,” which have already led to dismissals and sanctions.

Finally, David offered practical guidance for contractors considering GenAI tools, stressing that responsibility for accuracy remains with the filer. He cautioned that reliance on unverified AI output can damage credibility and derail otherwise viable protests, reinforcing that GenAI should be used to augment, not replace, sound legal judgment as tribunals continue to increase scrutiny of AI-assisted filings.

To listen to the full episode, click here.