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Connell Foley’s Client Smith-Sondy Prevails in NJDOT Bid Rejection Appeal

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Connell Foley LLP’s client, Smith-Sondy, wins in an appeal against the New Jersey Department of Transportation’s (NJDOT) initial rejection of its bid for a major infrastructure project. After a comprehensive review, NJDOT affirmed Smith-Sondy’s compliance with project requirements, reinstating its position as the lowest apparent bidder and meeting NJDOT’s Disadvantaged Veteran-Owned Business (DVOB) goal.

The dispute stemmed from NJDOT’s claim that Smith-Sondy failed to meet the Project’s DVOB goal. Smith-Sondy contested the rejection, highlighting its timely submission of required forms and good faith efforts to engage DVOBs. At a conference on May 21, 2025, Connell Foley demonstrated that Smith-Sondy’s submission effectively confirmed its commitment to using an approved Disadvantaged Veteran-Owned Business (DVOB), Sand Table, for $122,400 worth of materials. This amount represents 1.04% of Smith-Sondy’s total bid of $11,775,795.95, thereby meeting the project’s DVOB goal of 1%.

Results may vary depending on your particular facts and legal circumstances.

Following the review, NJDOT determined that waiving the omission of one form did not impact competition or provide an unfair advantage, reaffirming Smith-Sondy’s compliance with all project requirements.

Connell Foley Construction Group partners Mitchell Taraschi and Mark Fleder represented Smith-Sondy on the matter. 

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