Connell Foley received a significant legal victory for its client, Tomco Construction, in a complex bid protest dispute concerning a nearly $80,000,000 contract for the Athletic Fields in Thomas Edison Park, County Project #EDI8017. The outcome reaffirms Middlesex County's decision to award the contract to Tomco as the "lowest responsible bidder."
In October 2024, Middlesex County solicited bids for the high-profile park project. Following an extensive review of five submissions, the County determined that Tomco's bid of $77,985,000 was the lowest, narrowly edging out Applied Landscape Technologies (ALT), whose bid came in at $78,147,543.
ALT subsequently filed a legal challenge in December, claiming that Tomco's bid was materially defective and failed to meet the bid specifications. However, the trial court ruled decisively in March, siding with Middlesex County and Tomco. The court found no merit to ALT's claims. It determined that the tasks Tomco had proposed to self-perform—such as installing empty underground conduits and junction boxes—did not constitute "electrical work" requiring a licensed electrician.
On May 9, the Appellate Division affirmed the trial court's decision. The appeals court concluded that ALT failed to prove that such installations required specialized oversight and endorsed the trial judge's finding that laborers could perform this work. It also upheld the County's decision as neither arbitrary nor capricious, confirming Tomco's bid as fully compliant with the requirements.
"We are thrilled with the court's ruling, which not only validates the integrity of Middlesex County's bidding process but also underscores the strength and precision of Tomco's bid proposal," said Mitch Taraschi, who, alongside Mark Fleder, represented Tomco in this matter.
Results may vary depending on your particular facts and legal circumstances.
