To: Board of Supervisors
From: Dr. Ori Tzvieli, Interim Health Services Director
Report Title: Purchase Order with Hologic Sales and Service, LLC
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Interim Health Services Director, 1) a capital purchase order with Hologic Sales and Service, LLC in an amount not to exceed $150,000 and 2) an Equipment Purchase Attachment for the purchase of Hologic Panther Instrument System and Fusion Module upgrade.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $150,000 and will be funded by Enhanced Laboratory Capacity (ELC) Enhancing Detection Expansion funds.
BACKGROUND:
The Contra Costa Public Health Laboratory has used Hologic Sales and Service, LLC formally know as Hologic, Inc. since 2015. The laboratory has rented a Hologic Panther and Fusion attachment from the manufacturer since 2020. Approval of this action will allow for the purchase of a Hologic Panther Instrument system and Fusion Module upgrade that are currently on-site, fused together and in-use at the Contra Costa Public Health Laboratory. The Fusion Module is necessary for current and future diagnostic testing and includes the ability to run high-volume laboratory-developed tests (LDTs). An example of a LDT currently under development at the Contra Costa Public Health Laboratory is Candida auris, a fungal healthcare associated infection of high importance. Additionally, this Panther System serves as a backup for continuity of operations when our second Panther instrument (without a Fusion) fails.
The vendor’s liability under the agreement is limited to the price, fee or charge received from the County except for personal injury or death resulting from Hologic’s negligence or intentional wrongful acts of omission. Hologic is not liable for (a) any losses, damages, or expenses, directly or indirectly arising from the sale and (b) any legal theory or for any cause whatsoever. If the county has not notified Hologic within one (1) year after a claim arises, the County shall be barred from instituting any legal action against Hologic thereafter. These remedies shall comprise Hologic’s entire liability and the County’s exclusive remedy for breach of warranty. If either Party defaults on any terms of the agreement, the non-Defaulting Party is entitled to recover from the Defaulting Party any and all expenses and damages that the non-Defaulting Party sustains by reason of Default including, but not limited to, reasonable attorneys’ fees.
Approval of this action will allow the Public Health Laboratory to purchase a Hologic Panther Instrument System and Fusion Module upgrade. This purchase will be made via sole source justification, for product and service continuity.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, use of the current Hologic Panther and Fusion attachment will continue under a rental agreement with the vendor. Purchase of a separate, new Fusion, and at a later date, a separate purchase of a Hologic Panther would cost the county additional funds and include additional installation fees. Purchasing as an on-site set is more cost-effective.