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cial or appointed orificial of tho Recipient, <br /> or of any designated public agencies, or <br /> Subrecipients which are receiving funds under <br /> this part. <br /> <br /> i (d) Exceptions: threshold requirements. Upon <br /> the written req~eat Of the Recipient, HuD may <br /> grant an exception to the provisions of para- <br /> graph [b) of %his section on a case-by-~ase <br />! I basis When it determines that such an ex- <br /> ception will aez~ze to further the purposes <br /> of the Act and the effective and. efficient <br /> administration of the Reoipient,s program <br /> or project. An exception may be considered <br /> I only after the Recipient has provided the <br /> folloving: <br /> <br /> (i) A disclosure of the n~ture of the <br /> I conflict, accompanied by an assurance <br /> that there has been public disclosure <br /> of the conflict and a description of <br /> how the public disclosure wes made; <br /> and <br /> I (ii) An opinion oft he Reclpient's attorney <br /> th&t the interest for which the excep- <br /> tion is sought would not violate State <br /> I or local law. <br /> (e) Factors ~o~e considered for exceotions. In <br /> determining whether to grant a requested <br /> I exception after the R~clpient has satisfac- <br /> torily met the reguiremants of paragraph <br /> of this section, HUD shall consider the <br /> cumulative effect of the following factors, <br /> i where applicable: <br /> <br /> {i) Whether the exception would provide a <br /> significant cost benefit or an essen- <br /> tial degree of expertise to the pro- <br /> I gram or project which would otherwise <br /> not be available; <br /> <br /> Whether an opportunity was provided <br /> i for open competitive bidding or <br /> negotiation; <br /> <br /> {iii) Whether ~be person affected is a <br /> I ne~ber o~ a group or class of low or <br /> moderate income parsons intended to be <br /> the beneficiaries of the assisted <br /> activity, and the exception will per- <br /> i mit such parson to receive generally <br /> the mama lnturests or benefits as are <br /> being made available or provided to <br /> the group or class; <br /> <br /> I (iv) Whether the affected person has with- <br /> drawn from his or her functions or <br /> responsibilities, .or the decision- <br /> making process with respect to the <br /> specific assisted activity in <br /> I question; <br /> (v) Wh6thar the interest or benefit vae <br /> i present before the &ffeo%ed person <br /> vas in a position es described in <br /> paragraph (b) of this section; <br /> Page 4 of 5 <br /> <br /> <br />