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