(c) OMB Guidance.— The Director of the Office of Management and Budget shall issue guidance for the conduct of programs under subsection (a). The guidance shall include the following:
(1) Definitions of the terms recovery audit and recovery activity for the purposes of the programs.
(2) The classes of contracts to which recovery audits and recovery activities are appropriately applied under the programs.
(3) Protections for the confidentiality of
(A) sensitive financial information that has not been released for use by the general public; and
(B) information that could be used to identify a person.
(4) Policies and procedures for ensuring that the implementation of the programs does not result in duplicative audits of contractor records.
(5) Policies regarding the types of contracts executive agencies may use for the procurement of recovery services, including guidance for use, in appropriate circumstances, of a contingency contract pursuant to which the head of an executive agency may pay a contractor an amount equal to a percentage of the total amount collected for the United States pursuant to that contract.
(6) Protections for a contractors records and facilities through restrictions on the authority of a contractor under a contract for the procurement of recovery services for an executive agency
(A) to require the production of any record or information by any person other than an officer, employee, or agent of the executive agency;
(B) to establish, or otherwise have, a physical presence on the property or premises of any private sector entity for the purposes of performing the contract; or
(C) to act as agents for the Government in the recovery of funds erroneously paid to contractors.
(7) Policies for the appropriate types of management improvement programs authorized by section
3564 of this title that executive agencies may carry out to address overpayment problems and the recovery of overpayments.
