SDCL § 5-18A-52: Prohibited foreign contracts--Grounds for waiver.

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.