Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 17 - CODE OF PROFESSIONAL CONDUCT › Rule 30-901-17.5 - Solicitation of Work

Current through June 25, 2024
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.