; and (2) by adding at the end the following new subsection: (b) Items previously acquired using commercial item acquisition procedures (1) Determinations A contract or subcontract for an item using commercial item acquisition procedures under part 12 of the Federal Acquisition Regulation shall serve as a prior commercial item determination with respect to such item for purposes of this chapter unless the Secretary of Defense determines in writing that it is no longer cost-effective to procure the item using commercial item acquisition procedures. (2) Limitation (A) Except as provided under subparagraph (B), funds appropriated or otherwise made available to the Department of Defense may not be used for the procurement under part 15 of the Federal Acquisition Regulation of an item that was previously acquired using commercial item acquisition procedures under part 12 of the Federal Acquisition Regulation. (B) The limitation under subparagraph (A) does not apply to the procurement of an item that was previously acquired using commercial item acquisition procedures under part 12 of the Federal Acquisition Regulation following— (i) a written determination by the head of contracting activity pursuant to section 2306a(b)(4)(B) of this title that the use of such procedures was improper; or (ii) a written determination by the Secretary of Defense that it is no longer cost-effective to procure the item using such procedures. . 854. Preference for acquisition of commercial items Section 2377(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and moving such subparagraphs, as so redesignated, two ems to the right; (2) by striking The head and inserting (1) The head