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! <br /> or of any designated public agencies, or <br /> SubreciPients which are receiving funds under <br /> I this part. <br /> (d) Exceptions: threshOld requirements. Upon <br /> the ~ritten request of the Recipient, HUD may <br /> I grant an exception to',uhe provisions of para~ <br /> graph (b) of this section on a case~by-case <br /> basis when it determines that such an ex- <br /> ception will serve to further the purposs~ <br /> I of the Act and the effective and efficient <br /> administration of the Recipient's. pro. am <br /> or project. An exception may be considered <br /> only after the Recipient has provided the <br /> following: <br /> <br /> (l) A disclosure of the nature of the <br /> Conflict, accompanied by an assurance <br /> that there has been public disclosure <br /> I of ~he conflict and a description of <br /> how the public disclosure was mede; <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 /> or local law. <br /> I (e) to be considered for exceotionq. In <br /> Factors <br /> de~ermining whether to grant a requested <br /> exception after the Recipient has satisfac- <br /> torlly 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 /> I (l) Whether ~he exception would provide a <br /> sl~nificant 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 vas provided <br /> for open competitive biddinq or <br /> i negotiation; <br /> (iii} Whether the persoll affected is a <br /> member of a group or class of low or <br /> i moderate income persons intended to be. <br /> the beneficiaries of the assisted <br /> activity, and the exception will per- <br /> mit such person to receive generally <br /> the same interests or benefits as are <br /> I being made available or provided to <br /> the group or class; <br /> (iv) Whether the affected person has with- <br /> I drama from his or her functions or <br /> responsibilities, or the decision- <br /> making process with respect to the <br /> specific assisted activity tn <br /> i question; . <br /> (v) Whether the Interest or beneiit vas <br /> present before the affected person <br /> was in a position as described in <br />I paragraph (h} cf this section; <br />! <br /> <br /> (~989) ~ <br /> <br /> <br />