AS-2605_Ongoing Testing and Monitoring requirements_SIGNED_04-23-2026.pdf
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This is an agency-specific contract clause titled AS-2605 Ongoing Testing and Monitoring Requirements for AI Systems, issued by the U.S. Department of Housing and Urban Development (HUD) and signed by Chief Procurement Officer Francine L. Hemphill on April 23, 2026. The clause is mandatory for inclusion in all HUD solicitations and contracts above the micropurchase threshold that involve Artificial Intelligence systems or services.
The clause establishes comprehensive government oversight and evaluation rights for AI systems throughout their lifecycle, focusing on performance, accuracy, fairness, bias, security, explainability, and fitness for purpose. Key requirements include: contractors must support regular monitoring and evaluation on a quarterly, biannual, or other government-determined schedule; the Government retains the right to use independently maintained datasets for evaluation without contractor access unless explicitly authorized; contractors must provide test results, methods, and documentation in sufficient detail for independent verification and permit government oversight of the evaluation process; contractors must disclose all AI system examination, validation procedures, and results related to bias or performance degradation without restricting government documentation or use of insights; and contractors must flow down these requirements to all subcontractors providing or utilizing AI components. The clause reserves the Government's independent right to assess, challenge, or audit AI system performance and reliability. Non-compliance can result in disincentives, liquidated damages, actual damages, or work stoppage until the contractor demonstrates compliance. Contractors must also provide cost estimates for bringing AI systems into compliance with government requirements.
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PRESCRIPTION: USE THIS CLAUSE IN ALL SOLICITATIONS AND CONTRACTS
ABOVE THE MICROPURCHASE THRESHOLD.
AS-2605 Ongoing Testing and Monitoring Requirements for AI Systems
Contractors must support regular monitoring and evaluation of Artificial Intelligence (AI)
System(s) or Artificial Intelligence (AI) Service(s) (collectively AI Systems) throughout the AI
System’s lifecycle to ensure the continued performance, accuracy, effectiveness, and trustworthiness of the AI System(s).
A list of AI Definitions can be found on the AI@HUD page on hud.gov.
1. Agency Evaluation Rights:
The Government has the right to monitor, test, and evaluate the AI System(s) provided under the contract or used by the Contractor, subcontractor, its employees, agents, and/or business associates in performance of the contract. Such evaluations may occur on a quarterly, biannual, or other schedule as determined by the Government, and may include assessments of performance, accuracy, fairness, bias, security, explainability, and overall fitness for purpose.
2. Use of Independent Government Data:
The Government may use internally defined datasets (e.g., validation or test datasets) for independent evaluation. These datasets:
a. Will be selected and maintained solely by the Government;
b. Will not be accessible to the Contractor, subcontractor, its employees, agents, or business associates, unless explicitly authorized by the Contracting Officer in writing; and
c. Will reflect the conditions and characteristics of data used during actual AI
System deployment.
3. Contractor Support for Evaluation:
The Contractor shall provide the necessary access and technical support to facilitate
Government AI System evaluations. The Contractor must:
a. Provide test results, methods, and documentation in sufficient detail to allow independent reproduction or verification of findings; and
b. Permit Government oversight of the AI System evaluation process.
4. Testing Transparency and Documentation:
The Contractor shall disclose its AI System examination and validation procedures, documentation, and results related to the AI System, including those used to detect and mitigate risks such as bias or performance degradation. The Contractor shall not restrict the https://www.hud.gov/ai
Government’s ability to internally document, use, or share insights regarding these procedures or testing results.
5. Retention of Evaluation Authority:
Nothing in the contract limits or prohibits the Government’s right to independently assess, challenge, or audit the performance and reliability of any AI System provided or used by the
Contractor, subcontractor, its employees, agents, or business associates in contract performance.
6. Subcontractor Compliance:
The Contractor shall flow down all Ongoing Testing and Monitoring Requirements for AI
Systems to its subcontractors that are providing AI components and/or AI Systems under the contract and/or utilizing AI components and/or AI Systems in performance of the contract.
The Contractor shall provide an estimate of the cost to bring the AI System or AI Service into compliance with applicable Government requirements. Based on this information, the
Government will determine whether to continue, modify, or discontinue use of the AI System and/or AI Service.
The Contractor’s failure to adhere to the requirements of this Agency Specific clause could result in the Government exercising any rights available under the terms of the contract, including assessment of disincentives, liquidated damages, and/or actual damages, as appropriate. The
Government reserves the right to stop work on the contract pursuant to this clause until the
Contractor demonstrates compliance with this requirement.
End Clause
X Francine L. Hemphill
Chief Procurement Officer
| 2026-04-23T09:13:13-0400 | |
| FRANCINE HEMPHILL |
File details come from the government source that posted it. Updated .