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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.330 (c) Applicability of OMB Circulars. The § 583 .300(f) does not constitute a con- policies, guidelines, and requirements flict of interest. of OMB Circular No. A-87 (Cost Prin- (2) Upon the written request of the ciples Applicable to Grants, Contracts recipient, HUD may grant an exception and Other Agreements with State and to the provisions of paragraph (e) (1) of Local Governments) and 24 CFR part 85 this section on a case-by-case basis apply to the award, acceptance, and when it determines that the exception use of assistance under the program by will serve to further the purposes of governmental entities, and OMB Cir- the program and the effective and effi- cular Nos . A-110 (Grants and Coopera- cient administration of the recipient's tive Agreements with Institutions of project. An exception may be consid- Higher Education, Hospitals, and Other ered only after the recipient has pro- Nonprofit Organizations) and A-122 vided the following: (Cost Principles Applicable to Grants, (i) For States and other govern- Contracts and Other Agreements with mental entities, a disclosure of the na- Nonprofit Institutions) apply to the ac- ture of the conflict, accompanied by an ceptance and use of assistance by pri- assurance that there has been public vate nonprofit organizations, except disclosure of the conflict and a descrip- where inconsistent with the provisions tion of how the public disclosure was of the McKinney Act, other Federal made; and statutes , or this part. (Copies of OMB (ii) For all recipients, an opinion of Circulars may be obtained from E. O.P. the recipient's attorney that the inter- Publications, room 2200, New Executive est for which the exception is sought Office Building, Washington, DC 20503, would not violate State or local law. telephone (202) 395-7332 . (This is not a (3) In determining whether to grant a toll-free number.) There is a limit of requested exception after the recipient two free copies. has satisfactorily met the requirement (d) Lead-based paint. The Lead-Based of paragraph (e) (2) of this section, HUD Paint Poisoning Prevention Act (42 will consider the cumulative effect of U.S .C . 4821-4846) , the Residential Lead- the following factors, where applicable: Based Paint Hazard Reduction Act of (i) Whether the exception would pro- 1992 (42 U. S .C. 4851-4856) , and imple- vide a significant cost benefit or an es- menting regulations at part 35 , sub- sential degree of expertise to the parts A, B, J, K. and R of this title project which would otherwise not be apply to activities under this program. available; (e) Conflicts of interest. (1) In addition (ii) Whether the person affected is a to the conflict of interest requirements member of a group or class of eligible in 24 CFR part 85 , no person who is an persons and the exception will permit employee, agent, consultant, officer, or such person to receive generally the elected or appointed official of the re- same interests or benefits as are being cipient and who exercises or has exer- made available or provided to the cised any functions or responsibilities group or class; with respect to assisted activities, or (iii) Whether the affected person has who is in a position to participate in a withdrawn from his or her functions or decisionmaking process or gain inside responsibilities, or the decisionmaking information with regard to such activi- process with respect to the specific as- ties, may obtain a personal or financial sisted activity in question; interest or benefit from the activity, or (iv) Whether the interest or benefit have an interest in any contract, sub- was present before the affected person contract, or agreement with respect was in a position as described in para- thereto, or the proceeds thereunder, ei- graph (e) (1) of this section; ther for himself or herself or for those (v) Whether undue hardship will re- with whom he or she has family or sult either to the recipient or the per- business ties , during his or her tenure son affected when weighed against the or for one year thereafter. Participa- public interest served by avoiding the tion by homeless individuals who also prohibited conflict; and are participants under the program in (vi) Any other relevant consider- policy or decisionmaking under ations . 261