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

06.09.2025
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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%.

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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