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A monthly publication from the Wisconsin Society of Professional Engineers
February 2009 Edition
WSPE's President's Corner |
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Fellow P.E.s, As we enter into the new year, I suspect we are all hopeful that the economic stimulus package that is being promoted by the Obama administration will be implemented sooner than later and actually do what it is designed to accomplish…jump-start the U.S. economy. Whether you are for it or against it, now is the time to let your legislators know what you feel. While you are at it, feel free to give the weather man a few words of wisdom also. WSPE, like many other professional organizations, continues to be hit with declining membership. One of my goals for my term as WSPE President is to help begin the process of turning this membership decline around. It may be a difficult task, but one worth putting our resources behind. Matt Richards, P.E., is leading the charge. One of the projects that he has planned is to formally survey the WSPE membership. While this survey will not be the solution, we have hopes that it will point us in the right direction. The survey is currently under development. Please watch for it and respond accordingly. Just another reminder…..the 2009 Discovery Conference and Governor’s New Product Award program is scheduled for Thursday, April 23, 2009. Please put it on your calendar. In addition to an excellent program on the subject of “energy,” we hope to have a conference ice-breaker at the Titletown Brewery the night before. If you haven’t been to the brewery, it is a restaurant and brew house located in the historic Chicago & Northwestern Railroad Depot at the west end of the Nitschkie Bridge in downtown Green Bay. Michael J. Lefebvre, P.E. |
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SPONSOR |
MATHCOUNTS |
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| The mission of MATHCOUNTS is to increase enthusiasm for and enhance achievement in middle school mathematics throughout the United States. With the generous support of all MATHCOUNTS sponsors and volunteers, and leadership of the National Society of Professional Engineers at the National Level and the Wisconsin Society of Professional Engineers at the local and state level, MATHCOUNTS is providing today’s students with the foundation for success in science, technology, engineering, and mathematics careers. MATHCOUNTS is a national enrichment, coaching and competition
program that promotes middle school mathematics achievement through
grassroots involvement in every U.S. state and territory. MATHCOUNTS offers two unique programs to middle school teachers and students: The MATHCOUNTS Competition Program and the MATHCOUNTS Club Program. The MATHCOUNTS Competition Program The MATHCOUNTS Competition Program provides the extra incentive and the perfect atmosphere for students to push themselves to achieve more in mathematics. Consisting of fun and creative problems, the MATHCOUNTS competitions have written and oral rounds, as well as individual and team components. Though challenging and non-routine, the competition problems focus on the 6th through 8th grade standards of the National Council of Teachers in Mathematics. MATHCOUNTS provides the materials for teachers and students to use as they prepare for the competition series. Participants then advance through School, Chapter and State Competitions until the final 228 students are selected from 57 states and territories to advance to the Raytheon MATHCOUNTS National Competition held each May. The National Competition adds an additional individual component called the Master's Round. The MATHCOUNTS Club Program Often referred to as the MCP, the MATHCOUNTS Club Program was introduced in 2007 for the 25th anniversary year. The MCP is a fun, challenging and FREE program aimed at engaging a wide spectrum of students. The MATHCOUNTS Club Program provides schools with the structure and activities to hold regular meetings of a math club. Depending on the level of student and teacher involvement, a school may receive a recognition plaque or banner and be entered into drawings for prizes. YOUR Role MATHCOUNTS® provides a unique opportunity for you to play an integral role in preparing students to enter the workforce equipped with enhanced mathematical skills. Individuals learn that mathematics can be a challenging, fun and rewarding activity. If you have an interest in math and enjoy working with students, MATHCOUNTS is a natural for you. Typical volunteer activities for individuals and organizations include:
Because each volunteer brings his or her special skills to the program, each MATHCOUNTS program contains a unique variety of activities that increase math awareness and bolster community support for improved math education. For instance, volunteers and sponsors have used their talents and resources to create local and state MATHCOUNTS newsletters and Web sites in other states, encouraged more girls and minority students to participate, and conducted coaching workshops. Those who volunteer for MATHCOUNTS experience the pride of being associated with an effective national program that embodies the highest values of learning and accomplishment. How Can YOU Get Involved? Coordinating your involvement through the MATHCOUNTS coordinator in your area is an important first step. Coordinators can help you identify schools to target during the back-to-school registration drive or help you select a participating school in need of coaching assistance. Your offer to assist at a local competition will also be welcomed by the competition coordinator in your area! To volunteer for the competition, identify your local MATHCOUNTS coordinator and also view posted volunteer opportunities at the MATHCOUNTS.org Web site. Even if nothing of interest is posted, contact your local coordinator so that he or she can help connect you with a rewarding volunteer opportunity whether just at the local competition, state competition or assisting a school. In Wisconsin entering the chapter competitions, we have just short of 100 schools represented, which amounts to about 640 middle schoolers. The chapter competition will reduce this to the top 24 teams and the top 36 individuals that are not on the official school teams to compete at the State competition. At the State competition the top 4 individuals will go on to represent Wisconsin at the National competition. The National Competition will be held May 7-10, 2009 at Disneyland’s Swan and Dolphin Resorts in Orlando, Florida. The Wisconsin State competition will be held March 7, 2009 at the Lowell Center on the University of Wisconsin campus on Langdon Street. VOLUNTEERS ARE NEEDED FOR ALL LEVELS OF THE COMPETITION. For further information regarding your local Chapter and State competitions please contact Norm Arendt 2009 MATHCOUNTS state Coordinator at narendt@sehinc.com. |
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Last Official Call to Enter WSPE’s 2009 Governor’s New Product Awards Competition |
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| You are invited to enter the Wisconsin Society of Professional Engineers (WSPE) 2009 Governor’s New Product Awards (GNPA) Competition. Applications are due February 16, 2009. The awards ceremony and banquet will be held Thursday evening, April 23, 2009 inside Lambeau Field’s Legends Club Room, Green Bay, WI. For applications, click here. The 2009 GNPA winners will be entered into NSPE’s (National Society of Professional Engineers) 2010 new product competition. Last year, two companies from WI (InSinkerator and Cummins) won at NSPE’s 2008 competition. For additional information, please contact Dale R. Swenson, P.E., WSPE Chair, 414-343-8452, dale.swenson@harley-davidson.com. |
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| SPONSOR
UWM - Six departments: Civil Engineering & Mechanics, Computer Science, Electrical Engineering, Industrial and Manufacturing Engineering, Mechanical Engineering and Materials Opportunities for full-time or part-time student to complete a graduate degree. PART-TIME GRADUATE PROGRAM 1. Best suited for working professional Visit CEAS at the Open House on April 4, 2009. For more information, please check www4.uwm.edu/CEAS
or contact bwarras@uwm.edu
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NSPE’s 2009 Milton F. Lunch Ethics Contest |
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All current NSPE individual members, through their NSPE state societies and NSPE chapters, (including student chapters) are invited to participate in the 2009 Milton F. Lunch Ethics Contest. Match your wits with experienced professional engineers and engineering students throughout the country! For more information about the contest (including rules and judging criteria) please click here. |
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NSPE Scholarship Opportunities |
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NSPE supports the next generation of engineers through its scholarship program, which is made possible through generous contributions from NSPE members, friends and corporations. Scholarships are available at the High School, Undergraduate, and Graduate levels. Why not alert your family and friends about the scholarship opportunities provided via the NSPE Education Foundation? For more information about NSPE Scholarship Opportunities (included applications and deadlines) please click here. |
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The Need for Injunctive Relief when Contesting
an Award of Construction Contract and the Right to Recover Bidding
Costs |
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In a Court of Appeals decision of June 18, 2008, the Wisconsin Court Appeals rejected the contest of award of construction contract to an unsuccessful bidder. In PRN Associates, LLC and PGN Associates, LLC v. Wisconsin Department of Administration, the Court of Appeals dismissed the action brought by the unsuccessful bidder because the unsuccessful bidder had failed to seek an injunction preventing DOA from awarding the contract to anyone else. Instead, the bidder sued for damages following the award of a state university construction contract to another bidder. PRN and PGN (collectively referred to as Prism) submitted a proposal
to renovate the Kenilworth Building located on a University of Wisconsin,
Milwaukee campus. However, the State Building Commission refused
to approve an award of contract to Prism and ordered a second request
for proposal on the project. Prism submitted a bid but WEAS Development
submitted the low bid. The University of Wisconsin system and the
State Building Commission approved the WEAS bid. Subsequently, DOA
sent a letter to Prism advising that the contract was going to be
awarded to WEAS, and it was. Instead of immediately commencing an
action seeking injunctive relief, preventing the State from awarding
the contract to WEAS, Prism appealed the matter through the administrative
offices of DOA. When DOA denied the appeal, Prism commenced an action
in the circuit court for Ozaukee County seeking damages. The Wisconsin
attorney general filed a motion to dismiss, arguing that Prism had
failed to obtain an injunction preventing the award of contract
to WEAS and therefore the case was moot. The circuit court agreed
and dismissed Prism’s action. Prism appealed to the Wisconsin
Court of Appeals.
The Court of Appeals went on to note that when an injunction is sought and granted, the complaining bidder, if it is not awarded the contract, may recover as damages its reasonable and necessary expenditures in preparing its bid, plus the cost of obtaining the bonds required by the specifications, but it may not recover its loss of profit. The Court additionally noted that the competitive bidding statutes are designed primarily for the benefit and protection of the public, not individual bidders. The Court said:
This decision is a reminder to design professionals that if a contractor intends to dispute an award of a governmental construction contract that the aggrieved contractor must immediately commence an action seeking an injunction preventing the governmental agency from awarding a contract to someone else during the pendency of a lawsuit contesting the award. It will be helpful to the owner if the professional engineer advises the owner that if a contract is awarded before any action is commenced by an aggrieved contractor, that aggrieved contractor will no longer have a viable case for the courts to consider. It will be considered moot. However, if an injunction action is timely commenced by an aggrieved contractor who successfully challenges the initial award decision, the contractor will be awarded its reasonable and necessary costs in preparing its bid plus the cost of obtaining its bonds, if it is not awarded the contract. However, it may not recover any lost profits. Attorney Robert J. Kay is the senior partner in the law firm of Kay & Andersen, S.C. and devotes his time to representing professional engineers, architects, contractors, material suppliers and owners of construction projects. Please feel free to contact him at (608) 833-0077 or visit www.kayandandersen.com. |
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Welcome New WSPE Members |
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The WSPE board of directors would like to extend a heartfelt welcome to the following new WSPE members:
New members contribute to the growth, strength and leadership of the WSPE in enhancing its recognition as a leading voice for Professional Engineers throughout Wisconsin and promoting excellence in engineering. |
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