To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Payment for Products Provided by Aspen Surgical Products, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, on behalf of the Health Services Department, to reissue payment due to loss and fraudulent redemption of original payment in the amount of $6,328 to Aspen Surgical Products, Inc. for the purchase of disposable surgical instruments and supplies.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $6,328 and will be funded by Hospital Enterprise Fund I revenues.
BACKGROUND:
Aspen Surgical Products, Inc. is a leading manufacturer and supplier of surgical solutions, dedicated to providing high-quality tools that enhance the perioperative experience. Their extensive portfolio spans the entire surgical timeline—from pre-op to post-op—and covers multiple points of care, offering a broad range of category-leading equipment and instruments. Since 2017, CCRMC has partnered with Aspen Surgical Products, Inc. (formerly known as Symmetry Surgical) to supply one-time-use surgical instruments and supplies.
On March 21, 2024, the Purchasing Agent issued blanket purchase order #29906 with Aspen Surgical Products, Inc. for the purchase of disposable surgical instruments and supplies in an amount not to exceed $24,000. On January 22, 2025, an amendment to the purchase order was approved to add funds for a new total amount of $124,000.
In late August 2024, CCRMC received three invoices (CD3264124, CD3261454, CD3264199) from Aspen Surgical Products, Inc. The items ordered, and invoiced, were subsequently received by CCRMC on August 26, 2024. The invoices were then processed and payment #204198 was issued on October 4, 2024 and redeemed on October 22, 2024.
On December 5, 2024, Aspen Surgical Products, Inc. contacted CCRMC regarding the status of invoices CD3264124, CD3261454, and CD3264199. Staff provided the remittance advice for payment #204198. On January 10, 2025, the Auditor-Controller’s Office confirmed the payment had been stolen, altered, and fraudulently redeemed. Per protocol, they contacted Wells Fargo and initiated a fraud claim pending Wells Fargo’s investigation which typically takes 90 days.
On August 25, 2025, CCRMC was notified by the Auditor-Controller’s Office that Wells Fargo denied the fraud claim filed by their office for payment #204198. Based on prior recommendations for fraud protection products, by Wells Fargo, which were not implemented, the County is responsible for all losses.
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. The Department cannot pay the vendor for services rendered that exceed the purchase order limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $6,328 payable to Aspen Surgical Products, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, Aspen Surgical Products, Inc. will not be paid for minor surgical products received by, and used at, CCRMC; additionally, CCRMC will not have access to this vendor’s products, which are necessary to perform surgical procedures and ensure patient safety.