Can my firm team with separate prime contractors to submit a bid under a federal contract opportunity that has a small business set-aside component as well as a large business set-aside component? Our firm is a small woman-owned business. We have a teaming agreement in place with a prime for the small business set-aside but the teaming agreement (there is an exclusivity provision) does not specifically limit itself to the small business component.
1 Answer from Attorneys
The general answer is "yes", a small business company can team with separate prime contractors to submit a bid under a small business set-aside component of a federal contract. The more specific answer is that there are numerous factors that would determine whether your company and the primes you are attempting to team with are candidates to do it. Essentially the aggregated size of your company and the teaming companies must not exceed the size standard of the procurement. If the aggregated size exceeds the governments acceptable limits for that procurement, then they would determine that your "small business concern" is actually a "large" business concern, which would render you ineligible for the set-aside.