41 USC § 109 - Major system

---
identifier: "/us/usc/t41/s109"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 109 - Major system"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "109"
section_name: "Major system"
chapter_number: 1
chapter_name: "DEFINITIONS"
subchapter_number: "I"
subchapter_name: "SUBTITLE DEFINITIONS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)"
---


# § 109. Major system

**(a)** **In General.—** In this subtitle, the term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. These elements may include hardware, equipment, software, or a combination of hardware, equipment, and software, but do not include construction or other improvements to real property.

**(b)** **System Deemed To Be Major System.—** A system is deemed to be a major system if—

**(1)** the Department of Defense is responsible for the system and the total expenditures for research, development, testing, and evaluation for the system are estimated to exceed $75,000,000 (based on fiscal year 1980 constant dollars) or the eventual total expenditure for procurement exceeds $300,000,000 (based on fiscal year 1980 constant dollars);

**(2)** a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed the greater of $750,000 (based on fiscal year 1980 constant dollars) or the dollar threshold for a major system established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled “Major Systems Acquisitions”; or

**(3)** the head of the agency responsible for the system designates the system a major system.

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**Source Credit**: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 109 | 41:259(c)(7). | June 30, 1949, ch. 288, title III, § 309(c)(7), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, § 504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, § 1551, Oct. 13, 1994, 108 Stat. 3299. |
|  | 41:403(9). | Pub. L. 93–400, § 4(9), formerly § 4(10), as added Pub. L. 98–577, title I, § 102(3), Oct. 30, 1984, 98 Stat. 3067; redesignated as § 4(9), Pub. L. 100–679, § 3(c), Nov. 17, 1988, 102 Stat. 4056; Pub. L. 103–355, title VIII, § 8001(b)(1)–(3), Oct. 13, 1994, 108 Stat. 3386. |