My question would Needle Bearings be applicable to the DFAR restriction on Roller Bearings?
In order to determine if DFARS 252.225-7016 is applicable to your solicitation and resulting contract, the definition of a “needle bearing” needs to be examined.
Unfortunately, we do not have enough information to determine if your specific requirement for needle bearings is the same or different from ball and roller bearings. However, we can provide a reasonable approach for you and the requiring activity to take in order to make this determination.
Look through your requirement to see if the customer/requiring activity has provided a product service code (PSC). Then, research needle bearings in the Product Service Code tool located at: https://www.dau.mil/tools/t/Product-and-Service-Code-Selection-Tool
Note: Ball Bearings are found under Sustainment S&E, Supply Parts, 3110 or 3120.
1) If you determine that needle bearings DO belong in the same PSC as ball and roller bearings (and you feel like you have exhausted your market research activities), your only option is to determine if an exception applies (see DFARS 225.7009-3) or request a waiver (see DFARS 225.7009-4).
2) If you determine that needle bearings are NOT in the same PSC as ball and roller bearings, document your file with the rationale/reasons why. In this instance the domestic source restriction for ball and roller bearings will not apply to your procurement, but the Buy American Statute does. Based on the background you provided, Japan and Germany are DoD qualifying countries (see DFARS 225.872). As a result, there is a Public Interest exception to Buy American [see DFARS 225.103(a)(i)(A)]. This is how it will work:
Your solicitation and resulting contract will include DFARS 252.225-7000 and 252.225-7001. As a result, products from Japan and Germany are considered “eligible products” as long as they were manufactured or substantially transformed in the DoD Qualifying Country, per 252.225-7001(c). The contractor will need to certify this in their offer by completing the provision 252.225-7000.
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