If I'm to understand you correctly, there are three parts to this test that are being combined together as a test that includes three conditions. All three would be required, so they are cumulative—which is the word I think Mr. Schaan used—rather than independent criteria, and only one would need to be sought in order to apply.
I'm trying to understand how a private sector company meets this high bar for the test that CPC-3 seems to impose, and if that is realistic for the current marketplace, given the fact that it may not be how they're operating currently and it may not even be entirely consistent with the Supreme Court ruling that is being referenced. Can you add detail there?