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COMMUNICATIONS WORKERS, AFL-CIO v. CLYMER

292 N.J. Super. 138 (1996)

678 A.2d 332

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CAROLYN WADE, PRESIDENT CWA LOCAL 1040, SANDRA ELIAS, JUDITH FRANKEL, JOHN STEWARD, AND ANDREW SAVICKY, PLAINTIFFS, v. BRIAN W. CLYMER, STATE TREASURER OF THE STATE OF NEW JERSEY, AND WILLIAM H. FAUVER, COMMISSIONER, STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS, DEFENDANTS, AND CORRECTIONAL MEDICAL SERVICES, INC., AND ST. FRANCIS MEDICAL CENTER, DEFENDANTS-INTERVENORS.

Superior Court of New Jersey, Law Division Mercer County.

Decided February 7, 1996.

Attorney(s) appearing for the Case

Steven P. Weissman, for plaintiffs, (Weissman & Mintz, attorneys).

R. Brian McLaughlin, Deputy Attorney General, for defendants Brian W. Clymer, State Treasurer of the State of New Jersey and William H. Fauver, Commissioner, State of New Jersey Department of Corrections (Deborah T. Poritz, Attorney General of New Jersey).

Steven D. Weinstein, for defendant-intervenor Correctional Medical Services, Inc., (Blank, Rome, Comisky & McCauley, attorneys).

Susan Gieser, for defendant-intervenor St. Francis Medical Center (Picco, Herbert, Kennedy, attorneys).

Howard M. Nashel, for amicus curiae New Jersey Psychological Association (Nashel, Kates, Modarelli, Nussman, Rapone & Ellis, attorneys).

CARCHMAN, A.J.S.C.

The Department of Corrections (DOC), through the Division of Purchasing and Property (Division) issued a Request for Proposal (RFP) inviting bids from private contractors to provide health care services, including psychological services, to inmates in state correctional institutions and facilities. Initially the RFP, as part of the bid specifications, required that all psychologists be licensed. Some months later, the Division amended the RFP, eliminated...

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