To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Payment for Products Provided by Boston Scientific Corporation
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay Boston Scientific Corporation in an amount not to exceed $119,724 for laparoscopic instruments provided to the Contra Costa Regional Medical Center (CCRMC) during the period of June 1, 2025 through August 31, 2025, as recommended by the Health Services Director.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of $119,724 and will be funded by the Hospital Enterprise Fund I revenues.
BACKGROUND:
Boston Scientific Corporation is a global medical technology company that develops, manufactures, and markets innovative medical devices used in a wide range of specialties, including cardiology, endoscopy, urology, neuromodulation, and peripheral interventions. The company is known for its minimally invasive medical solutions, such as stents, catheters, pacemakers, defibrillators, and surgical tools, which help improve patient outcomes and reduce recovery times. Boston Scientific serves hospitals, healthcare providers, and patients worldwide, focusing on advancing medical technology to enhance patient care and treatment options.
On July 11, 2023 the Board of Supervisors approved agenda C.98 to execute purchase order #28564 with Boston Scientific Corporation in the amount of $600,000 for the purchase of vascular, urology, endoscopy, and other supplies for CCRMC for the period of July 1, 2023 through May 31, 2025.
On February 25, 2025 the Board of Supervisors approved agenda C.103 to amend purchase order #28564 with Boston Scientific Corporation to increase the amount to a new payment limit of $784,000 with no change to the original term of July 1, 2023 through May 31, 2025.
The purchase order renewal process was delayed due to the Vizient agreement expiration on June 30, 2025 and negotiations with the supplier to finalize the successor agreement.
The vendor is entitled to payment for the reasonable value of its services provided under the equitable relief theory of quantum meruit. That theory provides that where a vendor has been asked to provide services without a valid (or otherwise unenforceable) purchase order, and the vendor does so to the benefit of the county, the vendor is entitled to recover the reasonable value of those services. During this transition period, Boston Scientific continued to provide necessary supplies to support critical surgical procedures. The Department cannot pay the vendor for services rendered without a valid purchase purchase order in place. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $119,724 payable to Boston Scientific Corporation.
Boston Scientific Corporation is a member of the Vizient Group Purchasing Organization (GPO) and per Administrative Bulletin 600.3, GPO members are exempt from solicitation requirements.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, Boston Scientific Corporation will not be reimbursed for services already rendered at CCRMC.