ent defer the protested procurement action, if it has not already done so, until the award official notifies the recipient of the formal or informal resolution of the appeal. Such deferral of the procurement action shall be limited to the award of the subagreement, or subitem which is the basis of the protest. (c) If the recipient does not defer the procurement action it bears the risk that the award official will disallow the cost of the protested procurement action if the protest appeal is upheld. (d) If the protester does not agree to the recipient's request for a reasonable extension of the bid and bid bond period, the recipient or award official can summarily dismiss the protest appeal. § 33.1135 Award official's review. (a) The award official will give both the recipient and the protester, as well as any other party with a financial interest which may be adversely affected by the determination of protest, an opportunity to present arguments in support of their views in writing or at a conference. (b) The award official shall review the record considerd by the recipient, and any other documents or arguments presented by the parties, to determine whether the recipient has complied with the procurement requirements of this Part and has a rational basis for its determination of protest. (c) After the award official's announced date for receipt of written arguments, the record shall be closed. (d) The award official's determination shall constitute final EPA action, from which there shall be no further administrative appeal. No party may appeal an award official's determination of appeal to the EPA Board of Assistance Appeals. (e) Nothing in this subpart precludes the award official from reviewing the recipient's procurement action. (See § 33.115.) (f) Noncompliance with the award official's determination of protest shall be cause for enforcement action under 40 CFR Parts 30 and 32. (a) The following procedural requirements apply to recipients who: (1) Do not certify to EPA that their procurement system meets the minimum procurement requirements in this Part, or (2) Have their procurement certification revoked by the award official as stated in § 33.115(b). (b) Those recipients must comply with the requirements in this Part, plus the following procedural requirements. These procedural requirements supplement the requirements in the sections cited. (1) To comply with § 33.250, "Documentation," the recipient must submit to the award official the records required by this section. (2) To comply with § 33.290, "Cost and price considerations," the recipient's contractors and subcontractors must submit their cost or price data of EPA Form 570041 "Cost or Price Summary Format for Subagreements Under U.S. EPA Grants," or on a form which contains information similar to that required by the EPA Form 570041. (3) To comply with § 33.420, "Time for preparing bids," the recipient must generally allow at least 30 days between the date when it first publishes the public notice and the date by which bids must be submitted. (4) To comply with § 33.415, "Public notice and solicitation of bids," when the estimated cost of construction is expected to exceed $10 million, the recipient must generally publish the notice in trade journals of nationwide distribution for a least 30 days. (5) To comply with § 33.510, "Adequate public notice," the recipient must generally publish the notice in professional journals, newspapers, or publications of general circulation over a reasonable area for at least 30 days. The recipient may use posted public notices or written notification directed to in |