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3/10/2021 Electronic Code of Federal Regulations (eCFR) (B) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate state or local law. (ii) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the threshold requirements under paragraph (b)(3)(i) of this section, HUD must conclude that the exception will serve to further the purposes of the ESG program and the effective and efficient administration of the recipient's or subrecipient's program or project, taking into account the cumulative effect of the following factors, as applicable: (A) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; (B) Whether an opportunity was provided for open competitive bidding or negotiation; (C) Whether the affected person has withdrawn from his or her functions, responsibilities or the decision -making process with respect to the specific activity in question; (D) Whether the interest or benefit was present before the affected person was in the position described in paragraph (b)(1) of this section; (E) Whether undue hardship results to the recipient, the subrecipient, or the person affected, when weighed against the public interest served by avoiding the prohibited conflict; and (F) Any other relevant considerations. (c) Contractors. All contractors of the recipient or subrecipient must comply with the same requirements that apply to subrecipients under this section. [76 FIR 75974, Dec. 5, 2011, as amended at 80 FIR 75939, Dec. 7, 2015] Back to Top §576.405 Homeless participation. (a) Unless the recipient is a State, the recipient must provide for the participation of not less than one homeless individual or formerly homeless individual on the board of directors or other equivalent policy -making entity of the recipient, to the extent that the entity considers and makes policies and decisions regarding any facilities, services, or other assistance that receive funding under Emergency Solutions Grant (ESG). (b) If the recipient is unable to meet requirement under paragraph (a), it must instead develop and implement a plan to consult with homeless or formerly homeless individuals in considering and making policies and decisions regarding any facilities, services, or other assistance that receive funding under Emergency Solutions Grant (ESG). The plan must be included in the annual action plan required under 24 CFR 91.220. https://www.ecfr.gov/cgi-bin/text-idx?node=pt24.3.576&rgn=div5 40/58