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or of any designated public agencies, or <br /> Subrecipients which are receiving funds under <br /> ~his part. <br /> <br /> (d) Exceptions: threshold requirements. Upon <br /> the ~itten request of the Recipient. HUD,ay <br /> grant an exception to ~he provisions of para- <br /> graph (b) of this section On a case-by-~ase <br /> basis when it deternines that such an ex- <br /> ception will serYe to further the purposes <br /> of the Act and the effective and efficient <br /> ad~lnlstration of the Reciplent's pro,ram <br /> or project. An exception may be considered <br /> only after the Recipient has provided the <br /> following: <br /> <br /> A disclosure o[ the nature of the <br /> conflict, accompanied by an assurance <br /> that there has been public disclosure <br /> of the conflict and a description <br /> how the public disclosure was made; <br /> and <br /> <br /> An of the Recipient's attorney <br /> (ii) <br /> opinion <br /> that the interest ~oz which the excep- <br /> tion is s~ught weuld not ?iolate stero <br /> or local law, <br /> <br /> (e) ~actors to be considerod for eEceotion~o In <br /> dotermining whether to grant a requested <br /> eEcoption a:ter the m~¢lpient bas satl~fac- <br /> torily met the requirements of paragraph (d) <br /> of this section, HUD shall consider the <br /> CUmUlative effect of the following factors, <br /> where applicable: <br /> <br /> Whether the exception would provide a <br /> significant cost benefit or an essen- <br /> tial degree of expertise to the pro~ <br /> gram or project which would otherwise <br /> not be available; <br /> <br /> (ii) Whether an opportunity was provided <br /> for open coapetitive bidding or <br /> negotiation; <br /> <br /> (iii) Whether the person affected is a <br /> member of a group or class of low or <br /> moderate income persons intended to be <br /> the beneficiaries of the assisted <br /> ac~ivity, and the exception will per- <br /> mit such person to receive generally <br /> the same interests or benefits as are <br /> being made available or provided to <br /> the group or class; <br /> <br /> [iv) Whether the affected person has with- <br /> dra~n from his or her functions or <br /> responsibilities, or the decision- <br /> making process wl~ respect to the <br /> ~pecific assisted activity in <br /> question; <br /> <br /> (V) Wheeler the lntexest or benefit was <br /> present before ~o affected person <br /> was in a position as described in <br /> paragraph (b) of this section; <br /> <br /> Page 4 of 5 <br /> <br />1988 <br /> <br /> <br />