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 WV Code Textbook Bonds

West Virginia Code on
Textbook & Instructional Materials Bonds

Chapter 18.  Education
§18-2A-4. Execution of contracts; bond.

When the selection and approval of the multiple list have been properly made, it shall be the duty of the state board to furnish contracts for the selected items with the vendors within thirty days of the approval and adoption of the multiple list, prepare a list of the adopted items on the multiple list and publish same, and send a copy to each county superintendent and vendors who submitted bids for the particular adoption group not later than January fifteenth of the year of the county adoption. Such contracts for adoption shall run for a period of time as designated by the state board of education.

Each vendor awarded a contract by the state shall enter into a bond payable to the state of West Virginia in the penal sum of not less than two thousand dollars and not more than ten thousand dollars to be approved by the state board of public works, such bond to be executed as surety by some responsible surety company authorized to carry on its business in West Virginia. Such contract shall be prepared by the attorney general in accordance with the terms and provisions of this article. Such contract shall be executed in triplicate, one copy to be held by the vendor, one by the state board of education and one attached to the bond filed with the board of public works.

Bonds required of successful vendors shall provide that:

(a) The vendor will furnish any of the items on the multiple list under vendors contract for the period of the adoption, from the date of the bond, to any county school unit, a dealer appointed by the county, or any state board approved depository or depositories as defined in section seven of this article, at the lowest wholesale price contained in the bids or contracts made to any other county school unit, dealer, county, school or depository in any other state, like conditions prevailing. The state board shall determine, from time to time, the terms of the bids and contracts and may require the vendor to bear the costs of shipping, mail or transportation or offer any other financial benefit available in the highest amount paid by a vendor to any other county school unit, dealer, county or depository in any other state: Provided, That the state board of education shall decide whether from time to time bids and contracts for textbooks, instructional materials and learning technologies or any combination thereof are to be for the delivery directly to each county school unit, dealer appointed by the county, county or to each depository or depositories, or any combination thereof, under this section.

(b) The vendor will automatically reduce such prices in West Virginia when prices are reduced anywhere in the United States, so that no such item or items shall at any time be sold in West Virginia at a higher wholesale price than received for items elsewhere in the United States, like conditions prevailing.

(c) All items sold in West Virginia will be identical with the official samples filed with the state board of education as regards quality standards, specifications, subject matter, and other particulars which may affect the value of the items. The state board of education may, however, during the period of the contract approve revised editions of adopted items, which will authorize a vendor to furnish such revisions. All contracts and bonds shall be filed with the board of public works prior to the first day of July.