[House Report 113-661]
[From the U.S. Government Publishing Office]
113th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 113-661
=====================================================================
WOMEN'S PROCUREMENT PROGRAM EQUALIZATION ACT OF 2013
_______
December 11, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Small Business,
submitted the following
R E P O R T
[To accompany H.R. 2452]
[Including cost estimate of the Congressional Budget Office]
The Committee on Small Business, to whom was referred the
bill (H.R. 2452) to amend the Small Business Act with respect
to the procurement program for women-owned small business
concerns, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
I. Amendment.......................................................2
II. Purpose of the Bill and Summary.................................3
III. Background and the Need for Legislation.........................3
IV. Hearings........................................................4
V. Committee Consideration.........................................4
VI. Committee Votes.................................................4
VII. Section-by-Section Analysis of H.R. 2452........................4
VIII. Congressional Budget Cost Estimate..............................6
IX. Unfunded Mandates...............................................7
X. New Budget Authority, Entitlement Authority, and Tax Expenditure7
XI. Oversight Findings..............................................8
XII. Statement of Constitutional Authority...........................8
XIII. Congressional Accountability Act................................8
XIV. Federal Advisory Committee Statement............................8
XV. Statement of No Earmarks........................................8
XVI. Statement of Duplication of Federal Programs....................8
XVII. Disclosure of Directed Rule Makings.............................8
XVIII.Performance Goals and Objectives................................8
XIX. Changes in Existing Law Made by the Bill, as Reported...........9
I. Amendment
The bill as considered by the Committee is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Procurement Program
Equalization Act of 2013''.
SEC. 2. WOMEN'S PROCUREMENT PROGRAM EQUALIZATION.
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is
amended--
(1) in paragraph (2), so that subparagraph (E) reads as
follows:
``(E) each of the concerns--
``(i) is certified by a Federal agency, a
State government, or a national certifying
entity approved by the Administrator, as a
small business concern owned and controlled by
women; or
``(ii) is certified by the Administrator as a
small business concern owned and controlled by
women.''; and
(2) by adding at the end the following:
``(7) Sole source contracts for economically disadvantaged
women-owned small businesses.--In accordance with this section,
a contracting officer may award a sole source contract to any
small business concern meeting the requirements of section
8(m)(2)(A) of this Act if--
``(A) such concern is determined to be a responsible
contract with respect to performance of such contract
opportunity and the contracting officer does not have a
reasonable expectation that 2 or more businesses
meeting the requirements of section 8(m)(2)(A) will
submit offers;
``(B) the anticipated award price of the contract
(including options) will not exceed--
``(i) $6,500,000 in the case of a contract
opportunity assigned a standard industrial code
for manufacturing; or
``(ii) $4,000,000 in the case of any other
contract opportunity; and
``(C) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.
``(8) Sole source contracts for women owned small businesses
in substantially underrepresented industries.--In accordance
with this section, a contracting officer may award a sole
source contract to any small business concerns meeting the
requirements of section 8(m)(3) of this Act if--
``(A) such concern is determined to be a responsible
contract with respect to performance of such contract
opportunity and the contracting officer does not have a
reasonable expectation that 2 or more businesses
meeting the requirements of section 8(m)(3) will submit
offers;
``(B) the anticipated award price of the contract
(including options) will not exceed--
``(i) $6,500,000 in the case of a contract
opportunity assigned a standard industrial code
for manufacturing; or
``(ii) $4,000,000 in the case of any other
contract opportunity; and
``(C) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.''.
SEC. 3. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS.
Section 15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C. 644)
is amended to read as follows:
``(viii) small business concerns owned and
controlled by women--
``(I) in the aggregate;
``(II) through competitions
restricted to small business concerns;
``(III) through competitions
restricted using the authority under
section 8(m)(2);
``(IV) through competitions
restricted using the authority under
section 8(m)(2) and in which the waiver
authority under section 8(m)(3) was
used;
``(V) through sole source contracts
awarded using the authority under
section 8(m)(7);
``(VI) through sole source contracts
awarded using the authority under
section 8(m)(8) and in which the waiver
authority under section 8(m)(3) was
used;
``(VII) by industry in which the
contracts described in subclauses (III)
through (VI) were awarded; and
``(VIII) through unrestricted
competition; and''.
II. Purpose and Bill Summary
The purpose of H.R. 2452, the ``Women's Procurement Program
Equalization Act of 2013,'' is to amend the Small Business Act
(the Act)\1\ to make technical changes to the Women-Owned Small
Business (WOSB) Federal Contract Program enacted by Congress in
2000. The legislation permits the use of sole-source contracts
for women-owned small businesses (WOSBs) in substantially
underrepresented industries and economically disadvantaged
women-owned small businesses (EDWOSBs) if there is only one
WOSB or EDWOSB that can perform the work and the value of the
contract is below $4 million generally or $6.5 million for
manufacturing. This creates parity with other small business
contracting programs. Further, the legislation alters how small
business concerns owned and controlled by women are certified
in order to be eligible for the WOSB program.
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\1\Originally, title II of the Act of July 30, 1953, c. 282, 67
Stat. 232 was designated as the Small Business Act of 1953. A plethora
of amendments in subsequent Congresses led to a rewrite in 1958. Pub.
L. No. 85-536, Sec. 1, 72 Stat. 384 (1958). The Act is codified at 15
U.S.C. Sec. Sec. 631-657s.
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III. Need for Legislation
The Act iterates Congress's belief in the importance of
small business participation in federal prime contracts and the
resultant subcontracts. Specifically, the Act directs that:
To effectuate the purpose of this Act, small-business
concerns within the meaning of this Act shall receive
any award or contract or any part thereof, and be
awarded any contract for the sale of Government
property, as to which it is determined by the
Administration and the contracting procurement or
disposal agency (1) to be in the interest of
maintaining or mobilizing the Nation's full productive
capacity, (2) to be in the interest of war or national
defense programs, (3) to in the interest of assuring
that a fair proportion of the total purchase and
contracts for property and services for the Government
in each industry category are placed with small-
business concerns, or (4) to be in the interest of
assuring that a fair proportion of the total sales of
Government be made to small-business concerns.\2\
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\2\15 U.S.C. at Sec. 644(a).
To effectuate these objectives, Congress has enacted six
different contract programs overseen by the Small Business
Administration (SBA). The WOSB Federal Contracting Program,
which this legislation makes technical corrections to, was
created in 2000 under Sec. 811 of the Small Business
Reauthorization Act of 2000.\3\ However, the program as
originally envisioned only allowed set asides of contracts
below a certain dollar threshold, and did not provide for any
sole source authority. Due to challenges in identifying
industries through the study as required under the law, the SBA
did not implement the final rules on this program until October
2010\4\ and the WOSB program was not fully operational until
2011.
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\3\Consolidated Appropriations Act of 2001, Pub. L. No. 165-554,
App. I, Sec. 811, 144 Stat. 2763, 2763A-667, 2763A-708 (2000).
Appendix I of the Consolidated Appropriations Act of 2001 contained the
Small Business Reauthorization Act of 2000. It was later amended to
remove the cap on the size of competitive set-aside contracts. National
Defense Authorization Act for Fiscal Year 2013, Pub. L. No. 112-239
Sec. 1697, 126 Stat. 1632, 2091 (2013).
\4\Women-Owned Small Business Federal Contract Program; Final Rule,
75 Fed. Reg. 62,258 (Oct. 7, 2010).
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The Committee has a long standing practice of promoting
parity between the six government contracting programs in the
Act, and in 2012 reported out H.R. 4203, the Women's
Procurement Improvement Act of 2012.\5\ This legislation sought
to remove the dollar caps on competitive set-aside contracts
for WOSB and EDWOSB and create a sole source authority.
Ultimately, only the provision removing the dollar caps was
adopted into law,\6\ leaving WOSB and EDWOSB the only program
without any sole source authority.
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\5\H. Rep. No. 112-732 (2012).
\6\National Defense Authorization Act for Fiscal Year 2013, Pub. L.
No. 112-239 Sec. 1697, 126 Stat. 1632, 2091 (2013).
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Prior to initial implementation of the procurement program,
SBA received comments indicating that the inability to sole
source awards was inconsistent with other contracting programs
administered by the SBA and would be problematic to achieving
the program's objectives.\7\ However, as these limitations are
statutory, the SBA could not alter them. SBA also believes this
authority is necessary, as the SBA Administrator stated that in
the quest to give WOSB optimal access to the federal market,
``[a]nother important tool for federal agencies is sole-source
authority. I'm encouraging Congress to give federal agencies
this tool to level the playing field for women-owned
business.''\8\ H.R. 2452 removes the limitation and aligns the
WOSB program with other SBA contracting programs.
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\7\75 Fed. Reg. at 62,258.
\8\Maria Contreras-Sweet, Administrator, SBA, Address at Center for
American Progress (Jun. 10, 2014) (transcript available at https://
www.sba.gov/content/entrepreneurial-equality-new-tools-more-inclusive-
sba).
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IV. Hearings
Since the changes made in the bill were of a technical
nature, no hearings were necessary to address the legislation.
V. Committee Consideration
The Committee on Small Business met in open session, with a
quorum being present, on March 5, 2014 and ordered H.R. 2452
reported to the House by a voice vote at 4:30 p.m. During the
markup, no amendments were offered.
VI. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. There were no recorded votes on H.R. 2452.
VII. Section-by-Section Analysis of H.R. 2452
Section 1. Short title
This Section designates the bill as the ``Women's
Procurement Program Equalization Act of 2013.''
Section 2. Women's procurement program equalization
Section 2 of H.R. 2452 amends Sec. 8(m) of the Act in
three places. First, it changes the requirements for the
certification of WOSB and EDWOSB. Currently, Sec. 8(m)(2)(E)
requires that firms seeking to benefit from the program either
be certified by a federal or state government, or a national
certifying entity approved by SBA. Alternatively, it allows
WOSB and EDWOSB concerns to self-certify, but requires that
they provide documentation to the contracting officer to prove
their status. This has led to the creation of an electronic
document repository by SBA, where WOSB and EDWOSB upload
information relevant to the ownership and control of the
concern. Contracting officers are then expected to review this
information, but the majority of contracting officers do not
have the necessary training to interpret tax returns and
business formation documents, creating the potential for fraud.
Therefore, H.R. 2452 retains the provision permitting
certification by federal and state governments or by a third-
party national certifying entity approved by the SBA, but
instead of offering the enhanced self-certification, H.R. 2452
offers as an alternative actual SBA certification.
Second, Sec. 2 of H.R. 2452 adds a new paragraph (7) to
the end of Sec. 8(m) of the Act. The Act does not currently
provide any authority to sole source contracts to EDWOSB. The
new paragraph (7) allows contracting officers to sole source
work to EDWOSB if: (1) the work is of a type and kind that
could be set aside for EDWOSB; (2) the contracting officer
determines that the concern is responsible, (3) the contracting
officer does not have a reasonable expectation that two or more
EDWOSBs will submit offers; and (4) the contracting officer
believes award may be made at a fair and reasonable price.
Further, the anticipated value of the award, including options,
may not exceed $6.5 million if the contract is for the
manufacturing of goods, or $4 million in all other cases. These
are the same restrictions that apply to sole source awards to
HUBZone program participants and service-disabled veteran-owned
small business (SDVOSB) program concerns.\9\
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\9\See 15 U.S.C. Sec. 657a(b)(2)(A) (HUBZone); id. at program, and
Sec. 657f(a) (SDVOSB).
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Third, Sec. 2 of H.R. 2452 adds a new paragraph (8) to the
end of Sec. 8(m) of the Act. The Act does not currently
provide any authority to sole source contracts to WOSB. The new
paragraph (8) allows contracting officers to sole source work
to WOSB if: (1) the work is of a type and kind that could be
set aside for WOSB; (2) the contracting officer determines that
the concern is responsible, (3) the contracting officer does
not have a reasonable expectation that two or more WOSBs will
submit offers; and (4) the contracting officer believes award
may be made at a fair and reasonable price. Further, the
anticipated value of the award, including options, may not
exceed $6.5 million if the contract is for the manufacturing of
goods, or $4 million in all other cases. Again, these are the
same restrictions that apply to sole source awards to HUBZone
program participants and SDVOSB program concerns.
Section 3. Reporting on goals for procurement contracts awarded to
small business concerns
Under Sec. 15(h)(2) of the Act, the SBA Administrator is
required to submit a report to both Congress and the President
regarding the use of small business concerns in contracting and
evaluating whether federal agencies are meeting their small
business contracting goals. Currently, this report includes an
analysis of the number and dollar amount of prime contracts for
the majority of federal small business contracting programs;
however WOSBs are not specifically included in this analytical
requirement. Therefore, this section amends Sec. 15(h) of the
Act to require the report also includes an analysis of the
number and dollar amount of prime contracts awarded to WOSBs,
including an analysis of the various industries that were
awarded contracts and the type of contracting authority used.
VIII. Congressional Budget Cost Estimate
H.R. 2452--Women's Procurement Program Equalization Act of 2013
Summary: H.R. 2452 would broaden the range of contracts
that could be awarded to small businesses owned and controlled
by women to include sole-source contracts (which are not
available to this group under current law) if certain
conditions are met. The bill also would require the Small
Business Administration (SBA) to certify the ownership status
of each small business seeking to participate in programs that
provide contracting preferences to businesses owned and
controlled by women.
CBO estimates that implementing H.R. 2452 would cost $30
million over the 2015-2019 period, assuming appropriation of
the necessary amounts. The bill could affect direct spending by
agencies not funded through annual appropriations; therefore,
pay-as-you-go procedures apply. CBO estimates, however, that
any net change in spending by those agencies would not be
significant. Enacting H.R. 2452 would not affect revenues.
H.R. 2452 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 2452 is shown in the following table.
The costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 8 6 6 6 6 32
Estimated Outlays....................................... 6 6 6 6 6 30
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted in 2014, that the necessary amounts will
be appropriated near the start of each fiscal year, and that
spending will follow historical patterns for contract
certification activities.
Under current law, federal agencies are authorized, under
certain conditions, to restrict competition for contracts to
procure goods or services to small businesses owned by women.
To be eligible to compete for those contracts, such a business
must certify to the contracting agency, using documentation
approved by the SBA, that it is owned and controlled by women.
H.R. 2452 would terminate the self-certification option and
require the SBA to certify the ownership status of small
businesses wishing to take advantage of contract set-asides for
women-owned businesses. In addition, the bill would broaden the
range of contracting opportunities for businesses owned by
women to include sole-source contracts (awarded through a non-
competitive process), which are unavailable to this group under
current law.
Based on information from the SBA and the General Services
Administration, CBO estimates that implementing H.R. 2452 would
cost $30 million over the 2015-2019 period, assuming
appropriation of the necessary amounts. That amount includes
estimated costs to train contracting officers in federal
agencies on the new eligibility rules, to hire additional
staff, and to develop systems at the SBA to administer the new
certification process.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. Provisions of H.R. 2452 that change procedures for
awarding contracts could affect direct spending by agencies not
funded through annual appropriations; therefore, pay-as-you-go
procedures apply. CHO estimates, however, that any net change
in spending by those agencies would not be significant.
Enacting H.R. 2452 would not affect revenues.
Intergovernmental and private-sector impact: H.R. 2452
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Susan Willie; Impact
on state, local, and tribal governments: Michael Hirsch; Impact
on the private sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
IX. Unfunded Mandates
H.R. 2452 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act, Pub.
L. No. 104-4, and would impose no costs on state, local or
tribal governments.
X. New Budget Authority, Entitlement Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House, the Committee provides the following opinion and
estimate with respect to new budget authority, entitlement
authority and tax expenditures.
The Committee does not adopt as its own the estimate of new
budget authority contained in the cost estimate prepared by the
Director of the Congressional Budget Office (CBO) pursuant to
Sec. 402 of the Congressional Budget Act of 1974. While the
Congressional Budget Office estimates a cost of $30 million
over 5 years to implement H.R. 2452, the Committee does not
believe that this legislation will require any additional
budget authority or expenditures. As the bill authorizes no new
funding and simply directs how current appropriations should be
spent, the Committee believes that no additional funds should
be necessary to implement this legislation.
XI. Oversight Findings
In accordance with clause (2)(b)(1) of rule X of the Rules
of the House, the oversight findings and recommendations of the
Committee on Small Business with respect to the subject matter
contained in H.R. 2452 are incorporated into the descriptive
portions of this report.
XII. Statement of Constitutional Authority
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
authority for this legislation in Art. I, Sec. 8, cl. 3 of the
Constitution of the United States.
XIII. Congressional Accountability Act
H.R. 2452 does not relate to the terms and conditions of
employment or access to public services or accommodations
within the meaning of Sec. 102(b)(3) of Pub. L. No. 104-1.
XIV. Federal Advisory Committee Act Statement
H.R. 2452 does not establish or authorize the establishment
of any new advisory committees as that term is defined in the
Federal Advisory Committee Act, 5 U.S.C. App. 2.
XV. Statement of No Earmarks
Pursuant to clause 9 of rule XXI, H.R. 2452 does not
contain any Congressional earmarks, limited tax benefits or
limited tariff benefits as defined in subsections (d), (e) or
(f) of clause 9 of rule XXI of the Rules of the House.
XVI. Statement of Duplication of Federal Programs
Pursuant to clause 3(c) of rule XIII of the Rules of the
House, no provision of H.R. 2452 establishes or reauthorizes a
program of the federal government known to be duplicative of
another Federal program, a program that was included in any
report from the GAO pursuant to Section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
XVII. Disclosure of Directed Rule Makings
Pursuant to clause 3(c) of rule XIII of the Rules of the
House, H.R. 2452 does not direct any rulemaking.
XVIII. Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House, the Committee establishes the following performance-
related goals and objectives for this legislation:
H.R. 2452 creates parity among the federal small
business contracting programs by permitting sole-source
awards to WOSBs in substantially underrepresented
industries and EDWOSBs in instances where there is only
one WOSB or EDWOSB who can perform and the value of the
contract is below $4 million or $6.5 million in
manufacturing.
XIX. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SMALL BUSINESS ACT
* * * * * * *
Sec. 8. (a) * * *
* * * * * * *
(m) Procurement Program for Women-owned Small Business
Concerns.--
(1) * * *
(2) Authority to restrict competition.--In accordance
with this subsection, a contracting officer may
restrict competition for any contract for the
procurement of goods or services by the Federal
Government to small business concerns owned and
controlled by women, if--
(A) * * *
* * * * * * *
[(E) each of the concerns--
[(i) is certified by a Federal
agency, a State government, or a
national certifying entity approved by
the Administrator, as a small business
concern owned and controlled by women;
or
[(ii) certifies to the contracting
officer that it is a small business
concern owned and controlled by women
and provides adequate documentation, in
accordance with standards established
by the Administration, to support such
certification.]
(E) each of the concerns--
(i) is certified by a Federal agency,
a State government, or a national
certifying entity approved by the
Administrator, as a small business
concern owned and controlled by women;
or
(ii) is certified by the
Administrator as a small business
concern owned and controlled by women.
* * * * * * *
(7) Sole source contracts for economically
disadvantaged women-owned small businesses.--In
accordance with this section, a contracting officer may
award a sole source contract to any small business
concern meeting the requirements of section 8(m)(2)(A)
of this Act if--
(A) such concern is determined to be a
responsible contract with respect to
performance of such contract opportunity and
the contracting officer does not have a
reasonable expectation that 2 or more
businesses meeting the requirements of section
8(m)(2)(A) will submit offers;
(B) the anticipated award price of the
contract (including options) will not exceed--
(i) $6,500,000 in the case of a
contract opportunity assigned a
standard industrial code for
manufacturing; or
(ii) $4,000,000 in the case of any
other contract opportunity; and
(C) in the estimation of the contracting
officer, the contract award can be made at a
fair and reasonable price.
(8) Sole source contracts for women owned small
businesses in substantially underrepresented
industries.--In accordance with this section, a
contracting officer may award a sole source contract to
any small business concerns meeting the requirements of
section 8(m)(3) of this Act if--
(A) such concern is determined to be a
responsible contract with respect to
performance of such contract opportunity and
the contracting officer does not have a
reasonable expectation that 2 or more
businesses meeting the requirements of section
8(m)(3) will submit offers;
(B) the anticipated award price of the
contract (including options) will not exceed--
(i) $6,500,000 in the case of a
contract opportunity assigned a
standard industrial code for
manufacturing; or
(ii) $4,000,000 in the case of any
other contract opportunity; and
(C) in the estimation of the contracting
officer, the contract award can be made at a
fair and reasonable price.
* * * * * * *
Sec. 15. (a) * * *
* * * * * * *
(h) Reporting on Goals for Procurement Contracts Awarded to
Small Business Concerns.--
(1) * * *
(2) Reports by administrator.--Not later than 60 days
after receiving a report from each Federal agency under
paragraph (1) with respect to a fiscal year, the
Administrator shall submit to the President and
Congress, and to make available on a public Web site, a
report that includes--
(A) * * *
* * * * * * *
(E) for the Federal Government and each
Federal agency, an analysis of the number and
dollar amount of prime contracts awarded during
such fiscal year to--
(i) * * *
* * * * * * *
[(viii) small business concerns owned
and controlled by women--
[(I) in the aggregate;
[(II) through competitions
restricted to small business
concerns;
[(III) through competitions
restricted using the authority
under section 8(m)(2);
[(IV) through competitions
restricted using the authority
under section 8(m)(2) and in
which the waiver authority
under section 8(m)(3) was used;
and
[(V) through unrestricted
competition; and]
(viii) small business concerns owned
and controlled by women--
(I) in the aggregate;
(II) through competitions
restricted to small business
concerns;
(III) through competitions
restricted using the authority
under section 8(m)(2);
(IV) through competitions
restricted using the authority
under section 8(m)(2) and in
which the waiver authority
under section 8(m)(3) was used;
(V) through sole source
contracts awarded using the
authority under section
8(m)(7);
(VI) through sole source
contracts awarded using the
authority under section 8(m)(8)
and in which the waiver
authority under section 8(m)(3)
was used;
(VII) by industry in which
the contracts described in
subclauses (III) through (VI)
were awarded; and
(VIII) through unrestricted
competition; and
* * * * * * *