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I or of any designated public agen~lee~ or I Subrecipients whic~ are receiving funds under this part. (d) Exceptions: threshold requirements. Upon I the written request of the Reciplent~ J~UD may graph (b) of this section on a cas&~b¥-c~se basis when [t determines that such an I caption will serve to further the purposes of the Act and the effective and efficient ad~inistration of the Racipientts program or p~o~ect. An exception may be considered only after the Recipient has provided the I followlngl (l) A disclosure of the nature of the I that there has been public di~closure of the conflict and a description of how the public disclosure was ~ade~ I (ii) An opinlon of the Reoigtent's attorney that the interest for which the excep- tion is sought would not violate State I (e) Factors to be considered for excenttons. determining whether to grant a requested exception after the Recipient bas =ati~fac- I torily ~etthe requirements of paragraph (d) of th~s section, HUD shall consider the cumulative effect of the following factors, where applicable: I (l) Whether the exception would provide a significant cost benefit or an essen- tial degree of expertise to the pro- i gram or pro~ect which would otherwise not be available; (ii) ~/ethar an opportunity wes provided for open co~petitive bidding or I negotiation/ (iii} Whether the person affected is a tbs b~neftciarles o£ the assisted activtty~ and the exception will per- mit such person to receive generally being made available or provided to the group or class; Whether the affected person has with- responsibilities, or the decision- making process with respect to the . specific assisted activity in I question; (v) Whether the interest or benefit was present before the affected person I vas in a position as described in paragraph [b} of this sealon; I Page 4 of 5