12 Miss. Code. R. 6-9.101.01 - Definitions

(1) Bona Fide Employee - a person employed by a prospective contractor and subject to the prospective contractor's supervision and control as to the time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Mississippi contracts. In determining whether a bona fide employment relationship exists, the following factors should be considered:

(a) Whether the employment is continuous.

(b) Whether the person is subject to the supervision and control of the prospective contractor.

(c) Whether the size of any contingent fee is reasonable in relation to the service performed.

(d) Whether the method of payment of the contingent fee is customary in the trade.

(e) Whether the person is employed solely by the prospective contractor.

(2) Bona Fide Established Commercial Selling Agency - a business that neither exerts nor proposes to exert improper influence to solicit or obtain public contracts. In determining whether a business is a bona fide established commercial selling business, the following factors should be considered:

(a) Whether the business is one which has either been active for a considerable period of time or is presently an on-going concern and is likely to continue as such.

(b)Whether the business uses its own name and is characterized by the customary indicia of the conduct of a regular business.

(c) The degree to which the business' activities are directed toward the solicitation of contracts of the State.

(d)Whether the size of any contingent fee is reasonable in relation to the services performed.

(e) Whether the method of payment of the contingent fee is customary in the trade.

(3) Business Employee - a person, whether compensated or not, who performs personal services for a business.

(4) Employee - as defined in Subsection 1.107(2)(n), Definitions, Employee, is hereinafter referred to as "Mississippi Employee." As used throughout this section, the term "Mississippi Employee" shall include:

(a) A person elected to a Mississippi office;

(b) A non-elected person, whether appointed or selected through a personnel selection procedure, receiving a salary, wages, or other compensation from the State; and

(c) A non-compensated or minimally compensated person who is performing personal services for the State.

The term "Mississippi Employee" does not include a person who, as an independent contractor, performs professional, scientific, technical, or advisory service for a state agency and who receives a fee, honorarium, or similar consideration for the services performed.

Notes

12 Miss. Code. R. 6-9.101.01

Amended 1/1/2018