By Adam Pagnucco.
MCPS’s $169 million electric bus contract has been marred by wasteful spending, litigation, poor performance and even criminality surrounding its original award. The school board has now been instructed by the Appellate Court of Maryland to reconsider it even while MCPS representatives told the county council that they intend to renegotiate it and renew it. Accordingly, I asked the candidates:
Question: Recently, I have written about problems with MCPS’s electric bus contract. Specifically, the school board has been instructed by the Appellate Court of Maryland to reconsider a challenge to the contract by a losing bidder and to consider evidence of criminal conduct in the contract award. However, MCPS representatives told the county council that they are renegotiating the original contract and intend to renew it. What should the school board do about this issue?
Lynne Harris, At-Large (Incumbent): I have reviewed all proceedings in the AutoFlex complaint, including the March remand. Clarifying – the remand isn’t to consider evidence of criminal conduct in the award of the contract, but rather evidence that two members of the RFP review team had engaged in improper/illegal financial activity. The remand is with the Montgomery County Inspector General and I look forward to reading her findings soon.
With regard to MCPS negotiating with Highland, MCPS’s relationship with Highland will continue for many years. By the end of 2025, MCPS will be leasing 325 electric buses from Highland. Highland has installed and maintains our fleet charging infrastructure. Despite the difficulties experienced with Highland meeting contract terms, they remain one of the major fleet electrification specialists in the US, doing business with all major electric bus manufacturers. Given those factors, it is in MCPS’ best interests to maintain a professional business relationship with Highland.
It’s also important to acknowledge that MCPS is the trailblazer in fleet electrification and has by FAR the largest electric fleet in the United States. That is significant. There have been challenges, we’ve learned from them and will be more informed, effective and efficient in the future.
Rita Montoya, At-Large: Contract renegotiations should be halted immediately. MCPS should insist on enforcement of the original contract obligation—meaning Highland Electric Trucking (HET) pays the $1.5 million invoice for “performance fees” that MCPS indicated they sent to HET (see Montgomery County Council Audit Committee Meeting 9/30/24) rather than permitting the fees to be absorbed into or reduced in a newly renegotiated contract. Renegotiation of a new contract specifically with HET should also be reconsidered given the Appellate Court ruling; means of procurement; criminal conduct of the individuals involved; the contract failures of HET (adherence) and MCPS (enforcement); and the overall contract mismanagement. It is also concerning that it appears non-lawyers may be engaged in negotiations for the new contract (see Montgomery County Council Audit Committee Meeting 9/30/24). Irrespective of the vendor, MCPS should not consider a contract without a penalty or performance fee provision.
Brenda Diaz, District 2: The Board of Education must stop further negotiation of this contract. It must collect the $1.5 million in fees. Those fees can go towards hiring, for example, 10 Special Education teachers of whom we are in desperate need, and buying textbooks, paper, copiers, and other classroom supplies. It is not the job of MCPS to meet the climate goals of our county. The Board of Education must prioritize the education of our children, as that is its primary mission– to elevate academic excellence in all of our students. It must, therefore, be ruthless in directing all of our resources towards that singular end.
Costly, criminal, corrupt contracts such as with this electric bus debacle show that the current Board of Education rubber stamps faulty MCPS initiatives and are easily distracted from meeting the primary mission of the public education system– providing high quality education to our children. Rest assured– I won’t be a yes-woman to waste, inefficiency, corruption, or criminality because I know our children’s future is at stake. Serving children is truly at the heart of everything I aim to accomplish within MCPS. All of our discussion about policies, contracts, and oversight must be 100% dedicated towards academic rigor. Transparency, accountability, and community engagement are more important now than ever if we care to stop the ongoing steep decline of our precious schools.
Natalie Zimmerman, District 2: I think utilizing electric buses is a worthwhile effort for MCPS, but this electric bus contract has been a complete mishap. The County Council does not have control over the contracts that MCPS opens, but the Board of Education does have that control. Instead, the Council controls how much of the county budget goes to MCPS. Based on what happened for the Fiscal Year 2025 budget, the Board of Education has no room for the Council to be questioning mismanagement in the budget. I believe that the Board should demand the payments owed and consider moving forward with a different company for future electric buses.
Shebra Evans, District 4 (Incumbent): The board’s role is to ensure our policies are fair and comply with local and federal regulations. In our effort to be leaders in contributing to a cleaner and healthier environment by electrifying our bus fleet, we encountered unknown obstacles due to the pandemic. One of the downsides of being a leader in this work is you find out as you go along. The Board will manage the risks and will learn from them but not change our values or abandon the concept of being good stewards of the environment.
Laura Stewart, District 4: First, we must collect the 1.5 million owed to MCPS from HET, the electric bus contractor. I agree with Adam Pagnucco’s suggestion to freeze the contract while a review of the contract is done. Meanwhile, MCPS should explore the option of re-opening an electric bus RFP. I suggest that MCPS review the terms of the Oakland unified school district contract and see how it compares to the current one with HET. We must address the safety issue in our bus depot bays and prioritize mitigation. The current contract with HET is not providing the buses we need, so the board on October 10th voted to buy 70 more diesel buses. It’s time to look at other strategies to expand our electric bus fleet. I am committed to moving to an electric bus fleet, but we must do so with a company that can deliver on their promises and we must prioritize safety for our students and staff.
Next: MCPS’s biggest problem.
Prior questions: boundary review, grading policy.