The Documents

The Procurement

• ACA Request for Proposal — 200 East Van Buren Arizona Commerce Authority · December 1, 2025

  The solicitation itself, signed by Karyn MacVean, the ACA’s Senior Real Estate Coordinator. Eleven business-point sections: participants, premises, term, economics, tenant improvements, use, condition of premises, sublease, parking, signage, HVAC, building services, landlord default, holdover.

  Read it looking for the scoring criteria. There are none. No weights. No point values. No evaluation methodology. No statement that award will be made on “best value.” Bidders were asked to redline a term sheet and were never told how they would be judged.

  Download the RFP as issued (Word)  ·  also reproduced as Exhibit A to the Inglhofer Declaration in the injunction filing (PDF)

• Pivot’s RFP Response Pivot 200 EVB LLC · December 15, 2025

  The redlined RFP returned to the ACA. 51,502 rentable square feet on Floors 8 and 9, five-year term, full-service rate with operating expenses folded in, and a landlord-delivered turn-key build-out at the landlord’s cost.

  Filed as Exhibit B to the Inglhofer Declaration.

• Project Home Base — Office Lease Comparison Sheet, “updated 6.9.2026” Arizona Commerce Authority · dated June 9, 2026

  The scoring matrix. Fifteen weighted criteria totalling 100 points, four buildings, one winner. 200 EVB finishes last at 60. The Collier Center wins at 95.

  It is dated roughly six months after proposals were submitted, and four days after Pivot demanded the ACA’s procurement records. It was not attached to the ACA’s protest denial ten days later.

  Download the matrix (PDF)  ·  See our full teardown →

• ACA Procurement and Grants Policy Arizona Commerce Authority · Exhibit A to the Verified Complaint

  The ACA’s own rulebook, adopted under A.R.S. § 41-2501. It requires formal procurements above $50,000 to be awarded on criteria established by the ACA, requires RFPs to state that award will be based on the evaluation producing the “best value” for the ACA, and requires the ACA to keep records sufficient to document the significant history of a procurement — including vendor selection, procurement decisions, and the determination that the selected proposal represents fair and reasonable value.

  Download the policy (PDF)

• ACA Uniform Instructions to Offerors Published by the ACA on its own website

  The protest procedure the ACA invoked to reject Pivot’s challenge.

  azcommerce.com →

The Denial

• ACA Protest Denial Scott A. Roney, General Counsel · June 19, 2026

  Two pages. The ACA states that it “followed a robust and diligent process in soliciting and evaluating proposals” and that Pivot’s elimination “was based on material and substantive evaluation of the proposal and the offered space.”

  It faults Pivot for offering “no evidentiary support” and for relying on hearsay — and then attaches no scoring matrix, no written evaluation, no comparative analysis, no selection memorandum, no best-value determination, no board agenda, no minutes and no approval.

  Note: the letter is dated “June 19, 2025” on its face while responding to a demand the ACA received on June 5, 2026. We read that as a typographical error, and we note it only because this is the document the ACA offers as the record of its diligence.

  Download the denial (PDF)

The Lawsuit

Pivot 200 EVB LLC v. Arizona Commerce Authority, Maricopa County Superior Court, Case No. CV2026-029283. Filed July 15, 2026. These are public court records.

• Verified Complaint for Declaratory and Injunctive Relief Filed July 15, 2026 · with Exhibit A

  Four counts. Count I — violation of the Arizona Open Meeting Law, A.R.S. § 38-431 et seq., because no public vote approving the lease can be found. Count II — failure to comply with A.R.S. § 41-2501 and the ACA’s own Procurement and Grants Policy. Count III — violation of the Gift Clause, Ariz. Const. Art. IX, § 7, because the public pays millions more without receiving commensurate direct, bargained-for consideration. Count IV — violation of the Arizona Public Records Law, A.R.S. § 39-121 et seq.

  Download the complaint (PDF)

• Application for a Preliminary Injunction Filed July 15, 2026 · with declarations and exhibits

  Includes the sworn Declaration of Robert Inglhofer (the day-by-day procurement record, with the RFP, Pivot’s response, the December 29–30 email exchange, the April 14 and June 3 text messages, and the CoStar screenshot showing $37.00 per square foot) and the sworn Declaration of Eric Stenson (the search of ACA board agendas, minutes, presentations and meeting recordings that turned up no approval, and the text exchanges with ACA board member Jack Selby and with Chris Kelly).

  Download the application and declarations (PDF)