2026-11-09 CDT GenAI Special Provisions January 2025

Markdown copy of 2026-11-09 CDT GenAI Special Provisions January 2025.pdf, made 2026-11-09. The original is the authority. STATE MODEL GENERATIVE AI (GENAI) SPECIAL PROVISIONS

DEFINITIONS. For purposes of these GenAI Special Provisions, the following terms shall be given the meaning shown below. Capitalized terms used below and not defined in these GenAI Special Provisions shall have the meaning set forth in General Provisions.

(a) “General Provisions” – means the applicable State General Provisions incorporated into the

Contract to which these GenAI Special Provisions are also incorporated.

GENAI TRAINING DATA:

(a) The State shall have the right to augment the GenAI Training Data provided by Contractor with State Data, which may include Non-Public Data. State shall retain all ownership and intellectual property rights in State Data use to augment GenAI Training Data.

(b) Contractor shall have the right to examine any Public Data being proposed to augment the GenAI

Training Data, such as by requesting access, copies, or reports of the data, to verify its compliance with the Contract terms and conditions.

GENAI ADDITIONAL SECURITY REQUIREMENTS: In addition to Sections 13, 21 and 22 of the General Provisions, Contractor shall allow the State reasonable access to the GenAI security logs, latency statistics, and other related GenAI security data that affect this Contract and Generated Data, at no cost to the State.
CONFIDENTIALITY OF DATA AND PROMPTS: Contractor shall protect from unauthorized use and disclosure any Prompts developed by Contractor under this Contract, as well as any Generated Data resulting from such Prompts.
RIGHTS IN PROMPTS AND GENERATED CONTENT:

(a) To the extent that Contractor-provided Prompts constitute Pre-existing Materials as defined in section 9 of the General Provisions, Contractor shall retain ownership of such Prompts. (b) For the avoidance of doubt and for the purposes of this Contract, State-provided Prompts and Generated Data created from a State provided Prompt shall constitute a subset of State Data. (c) Unless otherwise specified in the Statement of Work, Prompts or Generated Data developed or produced by the Contractor as Deliverables pursuant to this Contract shall constitute Work Product, as defined in section 9 of the General Provisions.

GENAI TRAINING AND GENERATED DATA REVIEW: In addition to the Examination and Audit provision set forth in the General Provisions:

(a) GenAI Training Data Review: Contractor shall track and disclose the quality of the GenAI Training

Data used for any GenAI in relation to this Contract, using suitable metrics and methods to measure the accuracy, relevance, and bias of the data over time. Contractor shall share such metrics and methods, as well as the underlying data, with the State upon request by the State or at periodic intervals as may be agreed by the Parties. The State retains the right to audit, review, or investigate the quality of the GenAI Training Data at any time, subject to reasonable notice and the confidentiality obligations specified in the General Provisions.

(b) Generated Data Review: Contractor shall track and disclose the quality of the Generated Data of

any GenAI in relation to this Contract, using suitable metrics and methods to measure the accuracy, relevance, and bias of the output over time. Contractor shall share such metrics and methods, as well as the underlying output, with the State upon request by the State or at periodic

STATE MODEL GENERATIVE AI (GENAI) SPECIAL PROVISIONS

intervals as agreed by the Parties. The State retains the right to audit, review, or investigate the quality of the Generated Data at any time, subject to reasonable notice and the confidentiality obligations specified in the General Provisions.

impacts Deliverables created pursuant to the Contract contains a digital watermark or other digital identification that clearly identifies that the Generated Data was created by GenAI. Contractor shall comply with all other applicable laws, regulations, and guidelines concerning the identification Generated Data, including but not limited to the California AI Transparency Act (Bus. & Prof. Code §§ 22757 et seq).