Publisher Information - Rules
O.S. §,16-103
The State Textbook Committee shall advertise for books in all basic
subjects in such manner and for such time as it may deem best. Each
year the Committee shall advertise for sealed bids from publishers
of textbooks for furnishing textbooks for the public schools of this
state. Each bid shall state specifically and clearly the price at
which each book will be furnished FOB the bidder's depository or
delivered to any ordering school district in this state, and the
price the books may be sold for through local retail book dealers,
and shall be accompanied by a sample copy of each book offered in
such bid, together with any teacher edition or teacher aids used
with such book. A copy of each textbook for which a bid has been
accepted by the Committee shall be displayed in at least one library
or institution of higher education within each Congressional
District in this state. The facility shall have free public access.
The textbooks shall be displayed from the time they are accepted by
the Committee until their final selection or rejection. A record of
all the books delivered direct to any school district shall be
immediately furnished by the shipper and the school district to the
State Board of Education. Each bid shall be accompanied by a sworn
statement specifically:
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Stating whether the publisher is the owner of any interest or
share in any other textbook publishing houses and, if so, giving
the names and addresses thereof;
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Showing whether any member of the Committee is in any manner
interested, directly or indirectly, in such person, firm, or
corporation submitting such bid; and
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Showing the name and address of every committee, public official,
or individual in this state who has been furnished, within the
preceding twelve (12) months, any copy of the textbook or
textbooks or any edition thereof included in the bid, together
with the numbers and titles thereof furnished to each recipient.
If the fact shall be disclosed that any member of the Committee,
State Textbook Director, or any employee of that office is
interested in the bidder, it shall work a disqualification of such
member, and the member shall not be permitted to serve on the
Committee, and the bidder shall be disqualified. If it shall be
disclosed that such sworn statement does not accurately and
completely give the information required, the State Textbook
Committee shall disregard the bid. Oklahoma authors of school
textbooks shall be permitted to receive the customary royalty,
regardless of employment.
Quick Links
Bidding Procedures
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Letters of Intent to Bid (720:10-3-1): Letters of
intent to bid from publishers must state the book or series of
books the publishing company intends to bid in the appropriate
subject area and grade level. Additions to the letter of intent
will be accepted only until the deadline for the receipt of
publishers' bids and only if submitted in writing.
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Registration of Publishers (720:10-3-2):
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Any person, firm, corporation or organization may register
with the Secretary of the State Textbook Committee. No more
than two (2) names and addresses may be designated to receive
mail-outs, although up to four (4) authorized agents or
representatives may be listed at any one time for any one
person, firm, corporation or organization. The Secretary of
the State Textbook Committee shall be notified immediately, in
writing, of changes in agents or representatives, addresses or
phone numbers.
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Registration must be in written form to the office of the
Secretary of the State Textbook Committee. Included in
registration requests will be:
- name of person, firm, corporation or organization;
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addresses of main office, regional/area offices and local
offices or representatives;
- names of contact person(s) at each location;
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names of up to four (4) in-state agents or
representatives;
- phone numbers for each person and place;
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two (2) addresses where mail-outs should be addressed.
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Information Necessary to Complete Bid (720:10-3-3):
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The Secretary of the Committee shall instruct all publishers
to indicate whether each item bid is submitted to be adopted
and listed in the Official List and Textbook Requisition as a
comprehensive program, ancillary item, or supplementary item.
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The Secretary of the Committee shall instruct all publishers
to include in their bids, for the purpose of securing a
selection or adoption, the price delivered to the ordering
district.
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The publisher shall stipulate in the contract that the price
for which the textbook is to be furnished will be the lowest
at which the same textbook will be sold or offered for sale
for the purpose of securing a state or local selection or
adoption elsewhere in the United States during the six (6)
months prior to the date of execution of the contract; that
the publisher will reduce the contract price of the textbook
if the price of the same textbook is reduced below such
contract price elsewhere in the United States, and will file
with the Secretary of the Committee a sworn statement of such
reduction made elsewhere.
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Publisher will establish and maintain, or operate jointly with
other contractors, a suitable and convenient depository in the
State of Oklahoma where a stock of the state adopted
instructional materials to supply all immediate demands will
be kept. Publisher will maintain at its depository a
sufficient supply of such textbooks or other physical products
for individuals or boards of education desiring to purchase
the same, and will sell any such book to any individual or
board of education at the same price at which such
instructional material is sold to the State of Oklahoma, plus
cost of transportation to the individual or board of education
purchasing the instructional materials. If the Publisher fails
to carry a sufficient stock of such books at its depository to
take care of all immediate demands of the State of Oklahoma
and others requesting the same, or to furnish such books as
required by law or by the contract entered into by the
Publisher and the State Textbook Committee, the State Board of
Education may recover on the bond of the publisher for the
full value of the books not furnished as required, by the
contract. [70 O.S., §16-115] The contract between the
publishers and the State Textbook Committee may also require
the payment of an additional sum of $100.00 for each day such
books are not furnished. In addition, the State Board of
Education may terminate the Contract.
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All contracts shall include the important principles of the
rules and regulations or agreements which bidders sign before
or at the time of filing their bid.
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In addition to subsections (a) through (e) of this Section,
the publisher is bound by all provisions of the State Textbook
Law.
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Materials to be Considered for Adoption (720:10-3-5):
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One copy of each textbook and one sample of each learning
package, kit, or other comprehensive review materials shall be
filed with the office of the Secretary of the State Textbook
Committee on or before the date specified in the schedule for
the textbook adoption process. Textbooks must be in final
form.
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One copy of each textbook and one sample of each learning
package, kit, or other comprehensive review material and
materials not listed as free shall be provided to each member
of the State Textbook Committee and to each Congressional
District Review Center. Failure to deliver samples by the date
established by the State Textbook Committee calendar will
result in a bid rejection.
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Samples of textbooks provided to the State Textbook Committee
members may be returned to the publishers, donated to a school
district, or donated to a college or university. Under no
circumstances shall the samples become the personal property
of the committee member or the advisor. Under no circumstances
shall the samples be sold or donated for resale purposes
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In order for a library or university to be designated by the
State Textbook Committee as a Congressional District Review
Center the library or university must agree to the following
conditions:(1) conveniently display materials immediately upon
the receipt of materials and maintain the display until such
date adopted by the State Textbook Committee; (2) obtain
approval of the State Textbook Committee before disposing or
distributing the materials to any other person or entity; and
remove materials from public access once they are adopted.
Materials may remain accessible for on-site use to a limited
audience (education professionals and pre-service
teachers);(3) sample materials may be returned to the
publisher or may be disposed of with the approval of the State
Textbook Committee
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Highly-visible, permanent labels stating, "sample not to be
sold" must be attached to each item furnished as a sample to
the State Textbook Committee, Congressional Review Centers and
the office of the Secretary of the State Textbook Committee,
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Consumable materials must be clearly marked as consumable.
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Each publisher must warrant that all books adopted shall
comply with the standards in the Manufacturing Standards and
Specifications for Textbooks approved by the National Advisory
Commission on Textbook Standards.
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The State Textbook Committee favors regular editions, but
special editions may be considered provided the differences
between the two (2) editions are set forth with the bid.
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Digital content and related materials will be considered for
adoption.
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Teacher materials will be adopted as separate items only at
the kindergarten level and ESL.
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Instructional Materials shall be adopted in no more than one
(1) core subject cycle.
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A book which has been bid and rejected by the State Textbook
Committee cannot be bid again for the subject contract cycle
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Technology components of instructional materials, including,
but not limited to applications using computer-assisted
instruction, Web 2.0 Tools, Saas (Software as a Service) and
other Cloud-based technologies, shall include comprehensive
teacher materials listing special requirements for the
respective subject or course along with(1) instructions on how
to use the technology components;(2) an inventory of the
components of the program;(3) specifications for the hardware
necessary to operate the system;(4) on-demand technical
support
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Specifications for the hardware necessary to operate the
instructional computer software system must be identified. If
the hardware and equipment essential for review of the
materials bid in any category is not available, it shall be
supplied to the State Textbook Committee, Congressional
District Review Centers, and the State Department of Education
for the duration of the review process.
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Publishers may not pilot programs to be bid for adoption
without explicit written permission from the district
superintendent and site administrator. Pilots must be
completed no later than the date of the call for bids one
adoption cycle year prior to the opening and consideration of
bids in that subject area. Violation of this rule will result
in immediate removal from the state textbook list.
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Ancillary and Supplementary Items (720:10:3-6):
Any ancillary items or supplementary items listed with textbooks
in the annual requisition must be approved by the State Textbook
Committee unless designated as free. If ancillary or supplementary
materials are not available at the time of the initial adoption,
but subsequently become available, publishers may submit the
ancillary and supplementary materials out of cycle. When the Call
for Bids is mailed each year, publishers can submit letters of
intent to present ancillary and supplementary materials. Samples
must be sent to all members of the State Textbook Committee, to
the regional review centers and to the office of the Secretary of
the State Textbook Committee. The ancillary and supplementary
item(s) will be considered for adoption at the regular adoption
meeting. The adopted ancillary and supplementary item(s) will be
listed in the next annual requisition.
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Free Materials (720:10-3-7):
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Free materials must be listed on the Free Materials Form of
the Bid and additionally labeled, "Free Material not reviewed
or approved by the State Textbook Committee".
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Free Material will not be submitted to the State Textbook
Committee for consideration for adoption purposes. Samples of
any items listed on the Free Materials Form shall be listed at
the same time and in the same manner as the textbooks which
they accompany. Materials listed as give free items must not
be from another bid area. Materials listed as free items must
be for the duration of the contract period.
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All items that are not listed on the bid form as given free
cannot be provided free. Doing so may jeopardize the textbook
contract.
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Comprehensive teacher materials will be furnished free to
school districts based upon a minimum ratio of one (1) teacher
set to 20 textbooks purchased by the district and will be
submitted with bids for review.
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Items that are integral to the educational material may be
offered free as part of the bid. These include software that
supplements, complements, or is a digital version of the
textbook; consumables or kits that are essential to the use of
the educational material, teacher manuals, test banks, study
guides, and supplementary material.
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Nonessential items that shall not be offered free include: lab
equipment such as microscopes, carts, and other hardware;
standard electronic equipment such as DVD players, overhead
projectors, phone/music/data transmitting and listening
devices, cameras, televisions, computers, media carts,
calculators; educational materials that are not related to the
subject areas of the items that are offered in the bid.
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Acceptance or Rejection of Bids (720:10-3-8):
Before August 15, the State Textbook Committee will meet at a
place designated by the Secretary of the State Textbook Committee
to open and examine sealed bids. At that time the Secretary of the
State Textbook Committee will report on the receipt of textbooks
and ancillary materials. The State Textbook Committee will then
vote to accept or reject bids. On rejection of a bid the
chairperson of the State Textbook Committee will direct the
Secretary to return to the bidder any materials submitted for
consideration.
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Local District Sampling (720:10-3-9):
In accordance with Title 70, Section 16-111.B, upon written
request by the district textbook coordinator, publishers of a
textbook selected for adoption by the State Textbook Committee
must furnish at least one examination copy of the instructional
materials including the teacher edition, if one is published, and
a copy of software or online access for purposes of complete
demonstration and review, if available, to each requesting
district. All examination copies not adopted at the local level
must be returned. Publishers are prohibited from providing
examination copies of textbooks instructional materials unless
requested in writing by the district textbook coordinator. Failure
to do so may jeopardize the textbook contract.
Contracts and Bonds
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Bonds (720:10-7-1):
Each successful bidder shall be required to post a bond of
$2,000.00 for each series with a maximum of $5,000.00 by any one
company.
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Contracts (720:10-7-2):
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The execution date of the contracts shall be December 31 of
each year.
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Assumption, acquisition, assignment or transfer of contracts
currently in effect between the State Textbook Committee and
persons, firms or corporations will be allowed during the
period of the contract upon receipt by the Secretary of the
State Textbook Committee of a replacement bond provided by the
receiving company.
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It is required that a publisher notify the office of the
Secretary of the State Textbook Committee of any and all price
reductions, either temporary or permanent, of materials under
contract with this state. Those price reductions then become
permanent and replace the existing costs on the approved
contracts. All price reductions are permanent until the
contract expires or a substitution with a price increase is
approved by the State Textbook Committee. Temporary sale
prices are not permitted.
[Source: Added at 11 Ok Reg 707, eff 11-22-93 (emergency); Added at
11 Ok Reg 1013, eff 1-7-94 (emergency); Added at 11 Ok Reg 3553, eff
6-27-94 ; Amended at 12 Ok Reg 3301, eff 6-27-95 ; Amended at 21 Ok
Reg 1834, eff 6-11-04
Important Outside Links
Contacts:
Oklahoma State Textbook Committee
2500 N. Lincoln Boulevard, Room 315
Oklahoma City, Oklahoma 73105
Instructional Materials: (405) 521-3456
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