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Judge denies VA bid protest

Oxford has 60 days to appeal

WASHINGTON, D.C — A federal judge has denied the bid protest of a development company that had been asking the court to order the government to revisit its bidding process for the new VA Butler Healthcare Center in Center Township.

Judge Victor Wolski’s judgment, filed on Thursday, entered a judgment in favor of the United States and Cambridge Healthcare Solutions.

Richard Moorhouse, the attorney representing Cambridge, said the one page filing means that the bid protest of Oxford Development has been denied by the court.

In an e-mail, Moorhouse declined to comment further on the judgment.

Matthew Jameson, the attorney representing Oxford, did not return multiple messages left seeking comment on the judgment.

According to Wolski’s Thursday filing, the company has 60 days to appeal his decision.

Oxford filed this latest appeal on June 26, saying it was not satisfied with the scope of corrective action that the Veterans Affairs office agreed to as part of a previous complaint filed by the company in January with the Government Accountability Office. That protest cited “irregularities” with the way VA officials decided to award the contract to Cambridge, and argued that the award was illegal and improper.

The GAO dismissed that protest, only making the VA reimburse Oxford its costs associated with the bidding process and its protest.

There was no immediate information available explaining Wolski’s judgment for Cambridge and the federal government.

Last month Wolski issued protective orders in the case which rendered more than a dozen court filings by both sides inaccessible to the public.

Ed Latuska, chairman of the Center Township board of supervisors, said he was not aware of the court ruling but is hopeful that the legal debate will end soon.

“This is the third time they’ve been given negative results,” he said of Oxford, referring to the initial bid award and the company’s first protest.

“I don’t know how much longer they want to continue pursuing this,” Latuska said.

He said it is important for the health care center project to move forward in a timely manner after years of legal disputes.

“They need to get the ball rolling,” Latuska said. “We’re all losing sight of what’s important — that the veterans deserve a new facility.”

The government contract for the facility has been a point of legal dispute since 2013, when VA officials terminated their initial contract with the developer Westar Development, which had planned to build on the same Deshon Woods property later proposed by Oxford.

The VA canceled that dealafter a federal investigation into bribery and racketeering charges tied to a Westar contractor named Michael Forlani, who was sentenced in 2013 to 97 months in federal prison. Forlani’s charges stemmed from projects not related to the proposed health care center in Butler Township.

Eagle staff writer Will DeShong contributed to this report.

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