to clause (i), the Secretary shall require the eligible entity receiving such advance payment to repay it if there is a failure to perform by the eligible entity. (3) Termination Nothing in this section shall be construed as affecting the rights of eligible entities under provisions of statute or regulation (including the Federal Acquisition Regulation) relating to the termination of contracts for the convenience of the Government. (g) Congressional oversight (1) Independent evaluation and report Not later than 1 year after the date of enactment of this section and annually thereafter, the Comptroller General of the United States shall conduct an independent evaluation, and submit to the appropriate congressional committees a report, concerning the program under this section. (2) Contents of report The report under paragraph (1) shall review, assess, and provide recommendations, as appropriate, on the following: (A) Details on likely costs and resultant savings as compared to a stockpiling method that does not incorporate perpetual inventory cycling. (B) Identification of drawdowns from the stockpile, as evidence of market shortage avoidance. (C) The allocation of drugs included in the stockpiles funded pursuant to this section to the customers of the eligible entities with contracts under this section. (D) The degree to which eligible entities with contracts under this section fulfilled their obligations under such contracts. (h) Definitions In this section: (1) The term eligible entity means an entity that meets each of the following criteria: (A) The entity is licensed or registered in accordance with applicable Federal and State law and in good standing with respect to such licensure or registration. (B) If the entity is not a manufacturer, the entity agrees— (i) to purchase all drugs to be maintained in its stockpile funded under this section directly from the manufacturers of the drugs or the exclusive distributors of such manufacturers