The Buy American statute doesn’t really affect sole source justifications for specialized biometric systems. But it potentially could.
Sole source justifications for IDENT and HART
On Thursday, SAM.gov published the Department of Homeland Security’s Notice ID SSJ_FY26_0190 for Enterprise Biometrics Matching Support. This covers fingerprint matching hardware and software licenses and associated maintenance for the IDENT and HART systems.
DHS intends to make a sole source award to Thales DIS USA, the corporate successor to Cogent Systems (original biometric matching provider in 1994).
It makes sense for DHS to hold a sole source procurement, because most biometric systems are not multi vendor. You can’t plug an NEC or IDEMIA matcher into a Thales system. Even if IDEMIA is kinda sorta French also (French headquarters, majority U.S. owners, potential future Spanish owners).
When you can’t “buy American”
But as part of the paperwork to approve this sole source, DHS and Thales had to make the following certification:
“The exception to the Buy American statute permitting the purchase of articles that are not domestic end products is RFO 25.103(b)(2) Nonavailability.”
But can a DHS system have non-American components, bought from a foreign-controlled entity?
Although Thales DIS USA is NOT a FOCI-mitigated subsidiary of Thales (other portions of Thales are FOCI-mitigated), it provides commercial components to U.S. prime contractors. Thales DIS USA itself is isolated from the classified operations of DHS. The prime contractors for IDENT and HART handle the classified operations.
So the only question that remains is whether these French commercial components meet the exceptions of the Buy American statute. Because of the (necessary) exception, they can.
Or can you “buy American”?
But DHS could save one minor step if it selected a U.S. vendor. But can any U.S. vendor handle a huge system of HART’s size?
The irony here is that when IDENT began, Cogent Systems was a U.S. company, located just down the interstate from me in South Pasadena. And when 3M acquired it, it remains a U.S. firm. But once the Dutch company Gemalto entered the picture, the Cogent software and hardware became “foreign.”
But as of now it’s very French.

Having first worked for Printrak in 1994, I know all the major players in the biometrics industry, and many of the not-so-major ones. Heck, I remember when Digital Biometrics and Identix were fierce competitors…until they merged.
If you need my help to market your products against “the Big 3,” or if you are with “the Big 3” and need my help, learn about Bredemarket and book a meeting at https://bredemarket.com/watch-book/.







