To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Payment for Supplies Provided by CooperSurgical, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $25,827 to CooperSurgical, Inc. for obstetrical and gynecological medical supplies for Contra Costa Regional Medical Center (CCRMC) from June 1, 2024 through January 9, 2025.
FISCAL IMPACT:
Approval of this action will result in budgeted expenditures up to $25,827 and will be funded by Hospital Enterprise Fund I revenues.
BACKGROUND:
Cooper Surgical's supplies play a crucial role in an acute care hospital, particularly in the labor and delivery department, where the timely availability of specialized medical equipment is essential for patient safety and successful outcomes. These supplies include a wide range of products that directly impact the quality of care, from surgical instruments to essential consumables, enabling healthcare providers to effectively manage complex deliveries and emergencies. By ensuring continuous access to these critical resources, Cooper Surgical helps the hospital maintain operational efficiency, reduce delays in care, and support a high standard of service for both mothers and newborns, and beyond.
In late 2023, it was determined that a Request for Proposal (RFP) would be necessary for the labor and delivery supply category, which resulted in the postponement of the renewal of Cooper Surgical’s blanket purchase order #27907, set to expire on May 31, 2024. The General Services Department’s Purchasing Services initiated a public solicitation under Bid #2401-739, with CooperSurgical, Inc. being the sole respondent.
Although the RFP process took several months, the contracting process extended further and was not completed until late 2024. As a result, a new blanket purchase order (#31724) was established with an effective start date of January 10, 2025. During this period, CCRMC continued to procure the necessary supplies from Cooper Surgical, leading to invoices totaling $25,827. Staff have determined that the vendor is entitled to payment for the reasonable value of the products and services under the equitable relief theory of quantum meruit. The theory provides that where a vendor has been asked to provide products or services without a valid purchase order, and the vendor does so to the benefit of the County, the vendor is entitled to recover the reasonable value of the products and services.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, Contra Costa Health will not be able to reimburse CooperSurgical, Inc. for supplies already provided to CCRMC and Health Centers.