; (2) by striking The head and inserting (1) The head ; and (3) by adding at the end the following new paragraph: (2) The preference for the acquisition of commercial items and nondevelopmental items under this section shall take priority over any small business set-aside program, and shall require, to the maximum extent practicable, the acquisition of commercial items or nondevelopmental items other than commercial items in accordance with the terms of this section. If the requirements of an agency with respect to a procurement of supplies or services can be met with commercial items or nondevelopmental items other than commercial items provided by a small business concern, the small business concern may be awarded the contract in accordance with the requirements of a set-aside program. . 855. Inapplicable laws and regulations (a) Review of determinations not to exempt Department of Defense contracts for commercial items and commercially available off-the-shelf items from certain laws and regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review each determination of the Federal Acquisition Regulatory Council pursuant to section 1906(b)(2), section 1906(c)(3), or section 1907(a)(2) of title 41, United States Code, not to exempt contracts and subcontracts described in subsection (a) of section 2375 of title 10, United States Code, from laws such contracts and subcontracts would otherwise be exempt from under section 1906(d) of title 41, United States Code