State Board of Education: MCPS Illegally Awarded Electric Bus Contract
The State Board of Education has ruled that the Montgomery County Public Schools (MCPS) illegally awarded a contract for electric buses to Highland Electric Trucking (HET). This decision has been influenced by ongoing scrutiny and legal challenges, including a protest filed by AutoFlex Fleet, Inc.
Background of the Contract
In 2022, Superintendent Thomas Taylor initiated a partial termination of the electric bus contract due to numerous issues tied to its performance. The contract was originally signed by previous Superintendent Jack Smith and has since faced litigation and criticism. MCPS incurred $1.5 million in performance fees without receiving the promised benefits from HET, forcing the district to rely on additional diesel buses to meet student transportation needs.
Legal and Ethical Concerns
AutoFlex Fleet’s protest highlighted significant ethical violations during the contract award process. Two out of four officials responsible for scoring the bids, Todd Watkins and Charles Ewald, were later convicted of felony theft and misdemeanor misconduct related to financial exploitation of an HET affiliate. State’s Attorney John McCarthy described Ewald’s actions as “one of the worst financial crimes” against MCPS.
Findings of the State Board
On November 5, the State Board of Education issued a decision stating that the initial contract award to HET was arbitrary and illegal. The ruling questioned the impartiality of the evaluation process due to the involvement of Watkins and Ewald. The board noted that their unethical behavior likely biased the outcome, clouding the evaluation’s integrity.
- Two board members involved in the contract awarded to HET faced criminal convictions.
- Independent reviewers, Shela Plank and David Ramsay, had no wrongdoing associated and their scores indicated that HET should not have won the contract.
- The board concluded that the contract violated MCPS’s internal procurement protocols.
Potential Consequences for MCPS
MCPS must now decide whether to appeal the State Board’s decision, which is set within a 30-day timeframe. Superintendent Taylor, while not responsible for the contract’s inception, faces challenges in maintaining the existing fleet of 285 electric buses, as HET is currently responsible for their upkeep.
MCPS utilizes more than 1,300 buses to serve approximately 103,000 students, with electric buses comprising around 20% of the fleet. A sudden need to replace or contract new maintenance could create significant logistical hurdles for the district.
The repercussions of the State Board’s ruling extend beyond legal ramifications; they pose logistical and financial challenges for a district already navigating a complex transportation landscape. The resolution of this matter remains to be seen, but it underscores the importance of ethical integrity in public contract awards.
