Comment on FR Doc # 2012-19628

Hello, This comment is wrt the Proposed Rule for Federal Acquisition Regulation; Small Business Set Asides for Research and Development Contracts. Specifically, our small company has an issue with the use of the word "best" in the last paragraph: "...when there is a reasonable expectation--- ... (3) When considering research and development small business set-asides, as a result of the market research performed in accordance with part 10, that there are small businesses capable of providing the best scientific and technological approaches." Instead, we recommend the following: "...when there is a reasonable expectation--- ... (3) When considering research and development small business set-asides, as a result of the market research performed in accordance with part 10, that there are small businesses capable of providing competitive scientific and technological approaches." Rationale: Market research is unlikely (if ever) to determine whether or not any company (small or large) has the "best scientific and technological approach." More than likely, whether or not an approach was the "best" will not be determined until the end of the research itself. Using the word "best" allows the Contracting Officer to (a) make a very subjective assessment, or (b) completely disallow small business set-asides since it is not possible to ever determine if a company has the "best" approach. Therfore, the use of the word "competitive" permits a reasonable Contracting Officer to provide for small-business set-asides, whereas the use of the word "best" does not.