[Protest of Any GSA Contract Award for Custodial Services]

A firm protested any contract award under a General Services Administration invitation for bids (IFB) for custodial services, contending that the two low bidders submitted nonresponsive bids. The protester alleged that the low bidder did not meet the equal employment opportunity (EEO) requirements of the IFB and that the second low bidder failed to acknowledge an IFB amendment. GAO has held that a bidder's compliance with EEO requirements is a matter of bidder responsibility, and GAO will not review an affirmative determination of responsibility absent a showing of possible fraud or that definitive responsibility criteria have not been met. Neither was alleged in this case. Moreover, a low bidder's failure to execute certifications with respect to EEO action may be waived as a minor informality; therefore, GAO found no basis to question the responsiveness of the low bid. In view of this conclusion, GAO found that the second low bidder was not in line for award; therefore, the question of its responsiveness was academic. Accordingly, the protest was dismissed.