The commissioner of the Bureau of Human Resources and Administration, or the commissioner's designee, or the governing board of a unit of local government, as applicable, may waive the prohibition set forth in § 5-18A-50 and the certification required in § 5-18A-51, except as prohibited by federal law, if:

1. (1) Compliance is not possible;
2. (2) The supplies or services subject to the contract are unique or would be otherwise unavailable; or
3. (3) There is no other market participant.

Source: SL 2023, ch 18 , § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.