A bit later, Rosen emailed his boss, deputy secretary Warren Keefer, to say "this may be headed for disaster."
On May 8, Rosen emailed Perry and Keefer.
"Susan, this really has to stop or this procurement is going to be dead," Rosen warned.
Perry responded directly to Rosen and not Keefer.
"If you feel that it has to go or be lost then let it go. But be aware that (another DHHR lawyer) will have to be your counsel if a challenge occurs as Jennifer and I believe that there are 'issues,' " Perry said in the email. "We do not wish to put them in emails."
Keefer then replied to Rosen's earlier warning.
"Worse than that," Keefer said, "it might be perceived that the evaluation team's scoring did not meet the desired outcome of our Communications group - thus they sought someone to overrule the score."
Keefer was referring to Law, who leads DHHR's public relations efforts.
Because of the holdup in awarding the new marketing contract, on May 15 The Arnold Agency was granted an extension of its existing contract.
The warrant makes clear that Taylor conducted a review of the contract that found problems.
On May 16, Taylor presented her findings.
She had prepared a "document of her re-evaluation of the technical scores and the problems she had with the subjective scoring of the evaluation committee," the warrant said.
A recent review of bid documents by the Daily Mail showed a number of judgment calls made by the evaluation committee either helped Fahlgren or hurt the other three bidders.
But Keefer and Rosen came away from the meeting thinking that despite the issues raised, the contract would go to Fahlgren, according to the warrant.
Perry and Taylor had "agreed to stand down," Keefer said in an email, according to the warrant.
But the three later placed on leave did not stop voicing concerns over the outcome of the contract, according to the warrant.
It says Law approached Fucillo in early July, during Fucillo's first days as acting secretary.
"I have to speak with you about this contract. It's not good," Law said, according to the warrant. "You have to work with me on this one."
Fucillo had been told about the situation by Keefer and, according to the warrant, stopped Law.
The warrant said Law later set up a meeting "under the guise of a different subject" and then began discussing the contract. Fucillo told Law the conversation was inappropriate, the warrant said.
According to the warrant, Taylor expressed concerns on July 10 to Tomblin's deputy chief of staff, Erica Mani.
Mani said she would look into it. Mani then called Taylor back and said the Governor's Office was not going to get involved.
According to the warrant, on July 13 Fucillo, Taylor and Perry had a conference call.
Taylor and Perry told Fucillo there were major issues with the contract. The warrant said Taylor told Fucillo that the Governor's Office expected Fucillo to pull the contract. Fucillo asked why it needed to be pulled. Perry and Taylor said because no lawyers had been on the evaluation committee.
"Mr. Fucillo was also told that the issues were so significant that rescoring was not an option and the contract award would have to be pulled back," the warrant said. "Mr. Fucillo asked them who involved them in reviewing the award and was told John Law."
Fucillo became concerned there had been attempts to interfere with the bid. He said there would need to be a meeting with everyone involved.
Then Fucillo called Mani. She told him the Governor's Office did not expect the contract to be pulled.
Early the next week, Fucillo barred Law, Perry and Taylor from DHHR's offices and put them on paid leave.