---
kind: "section"
citation: "41 U.S.C. § 109"
title: "41"
title_heading: "Public Contracts"
number: "109"
heading: "Major system"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/109"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division A — General"
  - "Chapter 1 — Definitions"
  - "Subchapter I — Subtitle Definitions"
---

# §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](/usc/41/4301.md?p=3) 1980 constant dollars) or the eventual total expenditure for procurement exceeds $300,000,000 (based on [fiscal year](/usc/41/4301.md?p=3) 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](/usc/41/4301.md?p=3) 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.

## Source credit

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

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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. |