David Timm was recently featured on the Let’s Get Surety podcast, hosted by Kat Shamapande and NASBP CEO Mark McCallum, to discuss the bid protest process before the Government Accountability Office (GAO) and the growing impact of artificial intelligence on these proceedings. “I’ve been doing claims and bid protests for my entire career,” David said, explaining his extensive experience in government contract law and his early work with the Transportation Security Administration while attending George Washington University Law School.

During the conversation, David outlined the structure of the bid protest system, describing the agency level as “the little leagues,” the GAO as “the minor leagues,” and the Court of Federal Claims as “the major leagues.” He noted that while protests are relatively rare, “much less than one percent of all procurements,” they play a vital role in keeping federal contracting fair and transparent. “In almost every case,” David said, “the Court of Federal Claims is better for contractors.”

David also discussed the recent trend of AI-generated filings appearing before the GAO, which he has written about extensively. “At the time [of my article], there were four decisions that specifically mentioned fabricated or non-existent case citations, and since then, there have been three more,” he said. He cautioned that AI tools can produce “plausible but incorrect” information, adding that “it’s very easy for these programs to essentially give you a false sense of confidence in what it’s generating.”

As co-chair of Burr & Forman’s AI Committee, David emphasized both the potential and the pitfalls of using AI in legal contexts. “It has excellent capabilities,” he said, “but it has to be used in the right context.” His advice to those considering filing pro se protests: “The bare minimum that you can do to avoid a sanction here is to look up all of the citations that it generates for you.”

David’s conversation offered valuable insight into the intersection of technology and government contracting, highlighting how innovation must be balanced with accuracy and professional judgment. His comments reinforce the importance of maintaining integrity and diligence as AI continues to shape the legal and contracting landscape.

To listen to the full episode, click here.