July 4, 2009
Cross Lanes firm got $200,000 no-bid contract with osteopathic school
Bowling led effort to scrub school's Web reputation
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CHARLESTON, W.Va. -- A Cross Lanes marketing firm being investigated by state and federal authorities received more than $212,000 from the state-funded West Virginia School of Osteopathic Medicine in Lewisburg through a no-bid contract.

Comar Inc. and its subsidiary, Vec3, sent unsolicited e-mails to prospective medical students as part of the 15-month marketing contract that ended in March.

Comar, which publishes MetroValley magazine, also received an additional $19,864 to improve the osteopathic school's Web site and "online reputation."

Convicted felon Martin Bowling, Comar's former chief technical officer, performed much of that work, which involved trying to scrub information about a 2006 sexual harassment lawsuit against the school from Google search engine rankings.

Comar secured the e-mail marketing contract after contacting osteopathic school Graphics Manager/Art Director Patrice Bauserman, a longtime friend of Comar Chief Operating Officer April Hendershot, records show.

Bauserman determined that Comar was the only company in the U.S. that provided the e-mail marketing services that the osteopathic school sought, school officials said. Bauserman also took part in discussions that led to the decision to sign a contract with Comar, according to e-mails obtained by the Sunday Gazette-Mail under the state Freedom of Information Act.

WVSOM President Richard Raffes decided to terminate Comar's contract just three days after he started his job in early January.

"I recognized the need to conserve resources, and I decided to terminate contracts that weren't mission essential," Raffes said. "This was one of the contracts terminated. It was not mission essential."

Asked whether the osteopathic school got its money's worth, Raffes said, "I can't speculate whether the money was well spent. It appears we received the services we contracted for."

Comar initially signed a $175,452 contract with the osteopathic school, but the Cross Lanes firm ultimately was paid $212,979 after the agreement was extended an additional three months by the school's former president. 

According to a Comar report, the e-mail marketing campaign increased the medical school's student applications by 32 percent, and visits to WVSOM's Web site nearly doubled between January 2008 and 2009.

Comar collected 15,000 e-mail addresses from prospective students each month and sent advertisements -- or "electronic postcards" -- about the school to those addresses. 

Comar CEO Al Hendershot declined to comment on the contract, referring questions to former osteopathic school president Dr. Olen Jones, who has issued testimonials praising Comar's work for the medical school.

"Comar's work was instrumental in keeping our [application] numbers up," said Jones, who served as the school's president for 22 years. "Our admissions people were very satisfied. Our numbers kept increasing when they had the contract."

Comar 'worried' over 'bidding thing'

April Hendershot (wife of the CEO) and Bauserman started discussing Comar's potential contract with the state-funded osteopathic school as early as November 2007, according to e-mails. 

"I am glad we got a chance to talk," Hendershot wrote to Bauserman. "I feel better about the whole bidding thing now. I was getting worried."  

State law requires that higher education institutions bid out all contracts that exceed $25,000, unless only one vendor can provide the product or service.

In their written justification for declining to request bids, WVSOM officials said they wanted a vendor who could capture e-mail addresses of people who were searching for topics related to the osteopathic school. In turn, the vendor would send unsolicited messages to those e-mail addresses.

Bauserman conducted the search for companies that met the osteopathic school's criteria, Raffes said.

"While there are companies that sell e-mail addresses or programs to retrieve e-mail, none were found to have the capability or potential of Vec3," WVSOM officials concluded.

The state Office of Technology said last week that numerous companies sell pre-packaged software to extract e-mails from people searching for specific information on the Internet. Many firms also advertise that they offer "e-mail lead generation" -- the service Comar provided to WVSOM. Some companies offer the service for as little as $250 a month.

"However, depending upon the specific requirements of the request, it would take further market research to ensure that these software packages would meet the organization's specific business needs," said Diane Holley, a spokeswoman with the state technology office. 

Raffes noted the decision to declare a "sole source" contract and bypass bidding laws was made under the previous administration.

"I can't comment on actions by individuals taken before my time here," said Raffes. "I was informed [Comar] was providing a unique service in the industry. As soon as I canceled the contract, it no longer mattered if anybody else was providing the service."

Jones said a group of medical school administrators, including WVSOM's purchasing director and legal counsel, ultimately decided to award the contract to Comar without soliciting bids.

"We looked at the uniqueness and had input from the entire group," Jones recalled. "There was an in-depth discussion. It was not done unilaterally."  

Bauserman, whose photography has been published in a Comar-owned magazine, told medical school officials last week that she was unavailable for comment, after the Sunday Gazette-Mail sent her an e-mail and left a phone message.

Raffes said he talked to Bauserman about the awarding of the contract after the Sunday Gazette-Mail raised questions about it last month.

"She emphatically denies playing any role in awarding of the contract," Raffes said. "The former president was totally involved in who would get a particular contract."

Raffes said the school would likely solicit bids for such contracts in the future. "We've taken the position since I came here that we're going to bid every contract out," he said.

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Posted By: jnugent (10:28am 07-06-2009)
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Dear TABJR,

I wanted to let you know that Albert and April Hendershot are no longer the owners of WV Executive. Myself and my four partners purchased the magazine eight months ago. Please refrain from associating us with this situation and the former owners, particularly in public forums like this. We've worked hard since November to distinguish ourselves as a separate entity.

Posted By: skepdoc (7:28pm 07-05-2009)
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Gooooooooooooo Eric,

Go-go-go-go-go !

Posted By: tabjr (3:20pm 07-05-2009)
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It's hard to imagine that Martin, who is in jail, opps not in jail for commiting internet fraud/theft still has access to the internet! I think that he needs to be taken back to a real jail without internet access! I guess if he gets to be home someone needs to CUT OFF his internet access before he takes more of our hard earned money! Then go and clean house at COMAR!!!!!

Posted By: Eliz (1:25pm 07-05-2009)
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Eric great job with the continuing investigative journalism in your articles of the Bowling family 'Some disturbing things' is not the word for this Big Mess. Marty Bowlings home confinement and five years probation should be revoked. He needs to head straight to jail, as well as his mother,Comar Inc. and its subsidiary, Vec3omar, and all those employees at the State level involved with these folks.

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