GW Law Faculty Publications & Other Works
Document Type
Article
Publication Date
2026
Status
Accepted
Abstract
The General Services Administration's proposed contract clause, GSAR 552.239-7001, attempts to embed AI governance into federal procurement through a single default instrument applied across GSA's commercial buying channels. The clause addresses real gaps in federal AI acquisition, including inadequate transparency, weak exit rights, insufficient testing authority, opaque supply chains, and unchecked vendor dependency. But it responds by aggregating buyer protections, operational control, sourcing mandates, and politically derived performance conditions into one overburdened clause. This essay examines what the draft gets right, where it overreaches, and why the federal government's rapid shift from an AI governance vacuum to a sweeping, politically charged contract clause is not the corrective the procurement system needs.
GW Paper Series
2026-34
SSRN Link
https://ssrn.com/abstract=6544839
Recommended Citation
Jessica Tillipman, The GSA’s Draft AI Clause Is Governance by Sledgehammer, Lawfare (2026).