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Council cancels portable-toilet procurement after city attorney flags legal flaws
Summary
The council unanimously approved Resolution 2025-19 to cancel ITB 24-09 and nullify prior awards after a city attorney review found fundamental legal flaws in the original bid document.
The Deming City Council on July 15 unanimously approved Resolution 2025-19 to cancel the Invitation to Bid 24-09 for portable-toilet services and to nullify any previous awards tied to that solicitation.
City Attorney Spenser Baca told the council that a final legal review concluded the original bid document contained "fundamental legal flaws" that make any award based upon it improper and risky to the city. To protect the city's interests, Baca recommended canceling the procurement and rescinding earlier awards.
Councilor Joe Milo moved to adopt the resolution; Mayor Pro Tem Stephen Westenhofer seconded. The council approved the resolution by a 4-0 roll-call vote. The resolution directs staff to remove the procurement award from effect and to re-evaluate procurement options consistent with legal requirements before reissuing any solicitation.
Baca did not enumerate the specific bid-language defects at the meeting; staff indicated they will review and, if necessary, reissue a corrected solicitation at a later date.
