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I <br /> or of any designated public agencies, or <br /> Subrecipients vhich ara re~a!ving fonds under <br />~ this part. <br /> (d) Exceptions: threshold requirenents. Upon <br /> the vritten request of the Recipient, HUD nay <br /> I grant an exception to the provisions of para- <br /> graph (h) of this section on a case-by-case <br /> basis whe~ it determines that such an <br /> caption will serve to further~ the purposes <br /> i of the Act and the effective and efficient <br /> administration of the ReCipient;s program <br /> or project. An exception may be considered <br /> only after the Recipient has provided the <br /> <br /> (i) A discl0stlre of the nature of the <br /> that there has been public disclosure <br /> of the conflict and a des=rlptton of <br /> how the public disclosure was made; <br /> and <br /> <br /> I (Ii) An opinion of the Recipient's attorney <br /> that the interest for which the excep- <br /> tion is sought would not violate State <br /> <br /> (e) FactoFs to be ~onsideFed for ~WoeDtioB~. In <br /> determining whether to grant a requested <br /> exception after the ~eciptent has satisfac- <br /> torlly met the requirements of paragraph <br /> of this sectton~ HUD shall consider the <br /> cu~ulative effect of the following factors, <br /> where applicable: <br /> <br /> (i) Whether the exception would provid~ a <br /> significant cost benefit or an essen- <br /> tial degree of expe~tise to the pro- <br /> gram or project which would otherwise <br />I not be available~ <br /> (ii) Whether an opportunity vas provided <br /> for open co~petitive bidding or <br />I nego~lation; <br /> (iii] ~ether the person affected ~s a <br /> me~ber of a group or class of low or <br /> moderate income persons intended to be' <br /> the beneficiaries of the assisted <br /> activity, andre exception ~ill per- <br /> mit such person to receive generally <br /> the same interest~ or benefits as are <br />I being ~ade available or provided to <br /> the group or class; <br /> <br /> (iv) Whether the affected person has with- <br />I drawn fro~ his or her functions or <br /> responsibilities, or the decision- <br /> makinq process with re~pact to the <br /> specific assisted activity in <br />I question; <br /> (vi Whether the interest or benefit was <br /> present before ~hm effected person <br /> vas in a position as described in <br />I paragraph (b) of this section; <br />(1989) '~- <br /> <br /> <br />