Consideration of Relevant Factors. In determining whether to grant a requested exception under paragraph (B) of this Article, HUD will consider the cumulative effect of the following factors, where applicable:
(a) whether the exception would provide a significant cost benefit or an essential degree of expertise to the Revitalization Plan that would otherwise not be available;
(b) whether an opportunity was provided for open competitive bidding or negotiation;
(c) whether the person affected is a member of a group or class intended to be the beneficiaries of the Revitalization Plan and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
(d) whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process, with respect to the specific activity in question;
(e) whether the interest or benefit was present before the affected person was in a position as described in paragraph (A) of this Article;
(f) whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
(g) any other relevant considerations.
Consideration of Relevant Factors. In determining whether to grant a requested exception under paragraph (b) e, HUD will consider the cumulative effect of the following factors, where applicable: whether the exception would provide a significant cost benefit or an essential degree of expertise to the GRRP activities that would otherwise not be available; whether an opportunity was provided for open competitive bidding or negotiation; whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process, with respect to the specific activity in question; whether the interest or benefit was present before the affected person was in a position as described in paragraph (a) of this paragraph; whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and any other relevant considerations. Identity of Interest relationships between the Owner and the developer or general contractor of the GRRP funded activities and development fees or contractor profit approved by HUD shall not constitute a conflict of interest under this Section.
