|(a) Applicable law.
(1) The conflict of interest and procurement regulations
prescribed by HUD in 2 CFR Part 200 and 24 CFR Part 570 apply to all
contracts, subcontracts, or subawards entered into as a result of,
or in furtherance of, a TxCDBG award or contract.
(2) In addition to the federal conflict of interest
and procurement regulations, state and local procurement and conflict
of interest laws apply.
(3) The conflict of interest restrictions and procurement
requirements identified herein shall apply to a benefitting business,
utility provider, or other third party entity that is receiving assistance,
directly or indirectly, under a TxCDBG contract or award, or that
is required to complete some or all work under the TxCDBG contract
in order to meet the National Program Objective.
(b) Conflicts prohibited. Recipients of a TxCDBG contract
or award shall avoid, neutralize or mitigate actual or potential conflicts
of interest so as to prevent an unfair competitive advantage or the
existence of conflicting roles that might impair the performance of
a TxCDBG contract or impact the integrity of the procurement process.
(c) Match requirements. A community's cash match may
not be obtained from any person or entity that provides contracted
professional or construction-related services (other than utility
providers) to the community to accomplish the purpose described in
the TxCDBG contract, in accordance with 24 CFR Part 570.
(d) Administration and engineering services. Administration
and engineering services may not be provided to a community by the
same firm or consultant.
(e) Conflicting laws. In the event of a conflict between
federal, state and local law, the more stringent provision shall control.