U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division A— General › Chapter CHAPTER 1— DEFINITIONS › Subchapter SUBCHAPTER I— SUBTITLE DEFINITIONS

41 U.S.C. § 109

Major system

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

Historical and Revision Notes

Revised

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.

Notes of Decisions
Cited in 2 cases, 1947–1966 · leading case: United States v. Dinerstein, 362 F.2d 852 (2d Cir. 1966).
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United States v. Dinerstein, 362 F.2d 852 (2d Cir. 1966). “657 , 41 U.S.C. § 109„ Dinerstein submitted a request for partial payment under that section, which permits the contracting agency to make such payments “upon such conditions as it deems necessary * * Dinerstein’s request, dated September 13, was for $15,000.”
Com. Credit Corp. v. California Shipbuilding Corp., 71 F. Supp. 936 (S.D. Cal. 1947). · cites it 2× “” 41 U.S.C.A. § 109 (emphasis added.) In September, 1945, Simpson Steel submitted to defendant, on Office of Contract Settlement Form 4, an application for partial payment in the sum of $14,863.”
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