30 Miss. Code. R. 901-17.5 - Solicitation of Work

1. The licensee shall not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, except when the licensee is securing salaried positions through employment agencies.

2. The licensee shall not falsify or permit misrepresentation of his or his associates' academic or professional qualifications. He shall not misrepresent or exaggerate his degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, associates, joint venturers or his or their past accomplishments.

3. The licensee shall not indulge in publicity that is misleading or advertise in a self laudatory manner.

4. The licensee shall not supplant, nor attempt to supplant, directly or indirectly, another professional engineer and/or professional surveyor in a particular engineering or surveying project, after contracts have been awarded to such other professional engineer and/or professional surveyor. The furnishing of informative brochures regarding the licensee's firm or employer is not considered an attempt to supplant.

5. A licensee, acting individually or through a firm, association, partnership or corporation shall neither request, propose, or accept an agreement, contract, or commission for professional services on a "contingency basis" under which his professional judgment may be compromised or when a contingency provision is used as an inducement to promote or secure an agreement, contract, or commission, either for future commissions or projects, or for performing additional services on the project involved.

6. The Professional Engineer, and the engineering firm, is to seek professional employment based primarily on the qualifications and competencies required for proper accomplishment of the work. This process restricts the Professional Engineer or firm from submitting a price for services until the prospective client has selected that Engineer or firm, based primarily on stated qualifications and competencies, for final contractual negotiations.

Competitive price proposals may not be submitted or solicited for professional services unless all the following restrictions are met:

a. The prospective client has first sought statements of qualifications from interested licensees, and

b. Those licensees chosen by the client on the basis of qualifications and competence for proper accomplishment of the work (not to exceed five) have received in writing a comprehensive and specific Scope of Work, and

c. When the Scope of Work has been prepared, signed and sealed by a licensed Professional Engineer who has attested to the completeness and adequacy of the Scope of Work assuring that it fully identifies and describes the factors affecting the required engineering services, and

d. Assurances have been given by the prospective client that factors in addition to price were considered in selecting the Professional Engineer, and

e. Neither the Professional Engineer that sealed the Scope of Work, nor this Professional Engineer's firm, will be allowed to submit a price proposal.

7. The Professional Surveyor, and the surveying firm, is to seek professional employment based primarily on the qualifications and competencies required for proper accomplishment of the work. This process restricts the Professional Surveyor or firm from submitting a price for services until the prospective client has selected that Surveyor or firm, based primarily on stated qualifications and competencies, for final contractual negotiations. Competitive price proposals may not be submitted or solicited for professional surveying services unless all the following restrictions are met:

a. The prospective client has first sought statements of qualifications from interested licensees, and

b. Those licensees chosen by the client on the basis of qualifications and competence for proper accomplishment of the work (not to exceed five) have received in writing a comprehensive and specific Scope of Work prepared by the client or the client's representative that completely describes the factors affecting the required surveying services, and

c. Assurances have been given by the prospective client that factors in addition to price were considered in selecting the Professional Surveyor.

Notes

30 Miss. Code. R. 901-17.5

Miss. Code Ann. § 73-13-15