(a) Nonapplicability 
Except to the extent the appropriate Federal agency or department head determines, the provisions of this chapter shall not apply to

(b) Acquisition of prototype and early production models 
In accordance with Federal contracting law, Federal agencies and departments participating in the Program may acquire prototype or early production models of new high-performance computing systems and subsystems to stimulate hardware and software development. Items of computing equipment acquired under this subsection shall be considered research computers for purposes of applicable acquisition regulations.