Burlington School Committee Awards Bus Contract To Low Bidder

BURLINGTON, MA — The Burlington School Committee awarded a five-year school bus contract Tuesday to Trombly Motor Coach Service Inc. at a cost of $2.1 million per year. The committee was forced to reopen its bid review on the contract, which had been awarded to A&F Bus Co. Inc. for $2.3 million in May, after a complaint on how the bidding process was handled was filed with the Massachusetts Inspector General. The Inspector General's office ruled that a consultant the school district had hired in January to review the contract erred when the request for bids was posted, nullifying the contract awarded in May.

"At the end of the day, the law requires us to take the lowest bid and this bid will save us a million dollars over the five years," school committee member Thomas Murphy said before moving to accept Trombly's bid. "I would just urge people to give the new company a chance...I think it's in everybody's best interest to make that work."

Murphy's motion passed 3-0 with two member not present for the meeting. "In general I believe our hands have been tied by the state law in regards to the bidding," Chairman Martha Simon said.

The school district's attorney, Darren Klein, did not rule out the possibility that the losing bidder would file a lawsuit, saying the district had received letters from attorneys for both companies. Last week, Trombly owner John J. McCarthy told Burlington Patch he would sue the school district if his firm was not awarded the contract. McCarthy also owns NRT Bus Inc., which has been targeted with complaints by parents in other school districts.

"[The law] requires the committee to take the lowest bidder that is responsive and responsible," Klein said, noting that both companies had been deemed responsive and responsible. "Regardless what the school committee feels about all the very heartfelt comments....they are required to take the lowest responsive and responsible bidder. That's what the law states."

A&F drivers will be offered jobs with the new company, and McCarthy said he would keep those drivers on the same routes to "make the transition as smooth as possible." He also noted NRT, his other company, has been providing special needs transportation in Burlington since 2006 with no complaints.

The school committee heard more than an hour of public comment from parents and town meeting members who were concerned about the new company and the way the bid process was handled. Beth Colburn, a parent of a special needs student, said she was concerned about complaints raised about McCarthy's companies in other school districts.

"I feel very safe letting my son ride the bus with A&F. It takes a lot to put your nonverbal child on a bus, and I had that trust with A&F," Colburn said.

Precinct 6 Town Meeting Member Roger Bell pressed Klein on what happened with the error by Rich Labrie of Public Management Associates of Westfield, the consultant hired in January to help the school committee review its current bus contract.

"How did this happen? We had a consultant and this still happened," Bell said. "Why do we basically have to get called on the carpet by the Inspector General?"

Klein characterized the error as a difference opinion. "The consultant had an opinion that a contract this size did not have to get posted on Commbuys [the state's official procurement record system]. The Inspector General felt otherwise," Klein said. "That's what happened."

McCarthy said last week his company has addressed high-profile incidents in recent years by putting new protocols and safety equipment in place on its equipment. In 2014, for example, Trombly fired a bus driver and monitor after overlooking a 3 1/2-year-old autistic boy on the bus in Methuen. The incident prompted an upgrade of safety equipment on all 280 of Trombly's vehicles, which are also equipped with GPS monitoring devices.

"We service a lot of communities and sometimes we make the news," McCarthy told Burlington Patch. "But that doesn't mean we don't fix the issue once we realize there is a problem."

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).