CDT GenAI Special Provisions January 2025 (web)
Citation
California Department of Technology (CDT). “State Model Generative AI (GenAI) Special Provisions.” Contract model, January 2025. https://www.cdt.ca.gov/wp-content/uploads/2025/02/GenAI-Special-Provisions-January-2025.pdf. Copy: raw/web/2026-11-09 CDT GenAI Special Provisions January 2025.md (original: .pdf beside it). Read 2026-11-09.
Bottom line
- These are the state’s model contract terms for GenAI. They add to the State General Provisions of a contract.
- The State owns its prompts and the output of its prompts as State Data. The contractor must measure and share the accuracy, relevance and bias of training data and output, and watermark GenAI output.
Background
The document is a two-page contract model with six sections: definitions, training data, security, confidentiality, rights in prompts and output, and data review. CDT published it in January 2025. CDT Technology Letter 25-01 (web) lists “new GenAI Special Provisions as needed” under State Administrative Manual (SAM) 4986.9.
Key claims
- “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.” (section 2(a))
- “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.” (section 3)
- “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.” (section 5(b))
- “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.” (section 6(a))
- “Contractor shall ensure that all Generated Data that materially 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.” (section 6(c))
Evidence and method
A model contract text. It states obligations, not data. Its capitalised terms take their meaning from the State General Provisions, which the library does not hold.
Limits
The provisions apply to GenAI that a contractor provides. They do not cover compute hardware, hosting or research use. They do not give prices. The definitions of “GenAI Training Data”, “Generated Data” and “Prompts” are in the General Provisions, not here.