State Board Rules MCPS Electric Bus Contract Illegal

State Board Rules MCPS Electric Bus Contract Illegal

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Superintendent Thomas Taylor of Montgomery County Public Schools (MCPS) has taken steps to partially terminate a problematic contract with Highland Electric Trucking (HET) for electric buses. This move follows significant issues highlighted in a report from the inspector general and several lawsuits surrounding the contract, originally signed by former superintendent Jack Smith. The contract failed to deliver the anticipated benefits, forcing MCPS to rely on additional diesel buses. As concerns grew, it was revealed that HET had accrued $1.5 million in performance fees, leading Taylor to halt the delivery of new buses while maintaining a maintenance agreement for the existing fleet of 285 electric buses.

However, recent developments put this maintenance arrangement into jeopardy. The Maryland State Board of Education ruled that the original contract with HET was awarded illegally. This decision stemmed from a protest filed by AutoFlex Fleet, Inc., a competitor that lost the bid to HET. This protest had been ongoing for four years, revealing significant irregularities in the bidding process—particularly involving two of the four officials responsible for scoring the bids, who were later convicted of felony theft and misdemeanor misconduct related to the financial exploitation of an HET affiliate.

The inspection noted the critical impact of the convictions of Todd Watkins and Charles Ewald, as their involvement in the bidding process raised serious questions about bias and impropriety. Notably, the board highlighted that the contract award to HET would likely have been different had it not been for the influence of these individuals. The board’s ruling emphasized the untainted performance scores of the other two evaluators, suggesting that HET’s award was not just flawed, but arbitrary and unreasonable.

In a unanimous decision, the state board declared the local board’s decision to uphold the contract illegal, giving MCPS thirty days to appeal this ruling in the circuit court.

While Taylor has distanced himself from the original contract, the ramifications of this ruling present a daunting challenge for MCPS. With over 1,300 buses in its fleet, twenty percent of which are electric, the potential need to replace or contract for these vehicles could impose substantial logistical and financial burdens on the district. This situation reflects the ongoing consequences of prior decisions and raises critical questions about the future of electric bus utilization in the district.

As MCPS navigates these complexities, there remains a glimmer of hope that a resolution can emerge that prioritizes both the district’s operational needs and the sustainable transition to electric transportation.

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