No gift shall be accepted under this subpart unless a determination is made that its acceptance would not create a conflict of interest or the appearance of a conflict of interest. In making conflict of interest determinations, designated agency ethics officials shall consider the following factors:

1. (a) Whether the benefits of the intended gift will accrue to an individual employee and, if so—

   1. (1) Whether the employee is responsible for matters affecting the potential donor that are currently before the agency; and
   2. (2) The significance of the employee's role in any such matters;
2. (b) The nature and sensitivity of any matters pending at the Commission affecting the intended donor;
3. (c) The timing of the intended gift;
4. (d) The market value of the intended gift;
5. (e) The frequency of other gifts made by the same donor; and
6. (f) The reason underlying the intended gift given in a written statement from the proposed donor.