37 Miss. Code. R. § 1-6203-00600-500

The following situations may indicate DBE program noncompliance with the commercially useful function requirement and should be reported:

1. The DBE is performing work outside the areas listed on OCR-481.

2. The DBE provides little or no supervision to his/her employees for work performed by them. Supervision is provided by someone else not employed or under the control of the DBE and the DBE is rarely seen on the project site.

3. The DBE's work is performed by personnel normally employed by another contractor. Prime contractor's employees are not allowed to perform the DBE's work. The DBE contractor must prepare and submit their own payrolls.

4. The materials and equipment being used by the DBE belongs to another contractor and no rental agreements have been submitted to the project engineer.

5. Materials and supplies needed to perform the DBE's work are delivered to, billed to or paid for by another contractor.

6. The DBE subcontractors-subs portions of the work that is assigned to him by the prime, to a non-minority contractor.

7. The DBE is working on the project without an approved subcontract agreement or CAD-720.

8. A DBE trucking subcontractor uses or rents trucks from the prime contractor.

9. A DBE (prime contractor) subcontracts more than the allowed 60% of the total contract.

Notes

37 Miss. Code. R. § 1-6203-00600-500