If, however, the agency's needs are not accurately stated in the solicitation, the agency should terminate Allied's contract for the convenience of the government and resolicit under a solicitation revised to reflect the agency's actual requirements. In addition, we recommend that the protester be reimbursed its costs of filing and pursuing the protest. The protester should submit its certified claim, detailing the time expended and costs incurred, directly to the contracting agency within 60 days of receiving this decision. The protest is sustained. Naval Facilities Engineering Command, for pierside construction projects at the Naval Station, Pearl Harbor, Hawaii.
Nova protests the agency's evaluation of technical proposals.
We sustain the protest because the Navy's evaluation of past performance improperly penalized the protester simply for using the contract claims process. They have also been sent to the U.S. Government Printing Office for addition to the Comptroller General Decisions GPO Access WAIS database.