“Interim Space on Property” — 7 points, and we were never asked
The single largest undisclosed criterion. The RFP never asks for swing space, temporary
space, or interim occupancy. It asks for a commencement date of approximately March 1, 2026
and early access to install phones and cabling. That is the whole of it.
200 East Van Buren had well over 100,000 square feet sitting available at the
time. Interim space would have been an easy yes.
The ACA had many chances to ask. It could have put the requirement in the RFP. It could
have raised it during seven months of negotiation. It could have included it in the four
follow-up demands it sent in December, all of which Pivot met inside a day. It did none of
those things.
Three of the four buildings scored a perfect 7. 200 EVB scored 0, on a
question it was never asked. That one line is a fifth of the entire margin of defeat.
“Building ownership strength” — 6 points, and no financials were
ever requested
Here is the RFP’s complete inquiry into who the landlord is:
“Please provide the Landlord name and contact information.”
That is the entire inquiry. No bidder was asked for a balance sheet, a financial
statement, a lender reference, a credit rating, proof of reserves or an ownership
disclosure. No bidder submitted financials, because none were requested. There is
no record on which a financial-strength judgment could honestly have been made.
Six points were awarded on it anyway. 200 EVB, owned by Phoenix residents who reinvest
in the building, scored 3. The Collier Center, owned by a subsidiary of the Japanese
trading house Sumitomo Corporation, scored 6.
“Hard to compete with the value add – and brand – of Sumitomo.”
ACA Board member Jack Selby, text message, June 3, 2026 — filed as a sworn exhibit
A board member described the deciding factor as the counterparty’s
brand. Absent any financial submission, “ownership strength” cannot
have measured anything else. Brand is not in the RFP, it is not in the ACA’s
procurement policy, and it is not a lawful basis for spending public money.
“Traffic Considerations” and “Demonstration View from Suite”
— 12 points
Twelve points — more than the entire price criterion — for commute
convenience and window views. Neither word appears in the RFP.
The traffic score is the more remarkable of the two. The two buildings are
three blocks apart on the same street — 0.3 miles, a six-minute
walk. We ran the drive times to six Valley destinations and the combined difference is one
minute. And on the one-way grid, the building that is genuinely harder to get in and out
of is the one the ACA chose.
The full traffic analysis →
“Space Consideration for Partners” — 5 points, and nobody will say
what it means
We genuinely do not know what this criterion means. Neither does any other bidder.
The RFP never uses the word “partners.” It never names a partner. It never
describes a partner space requirement. It never says how much partner space might be
needed. Bidders were scored on their ability to house organisations whose existence was
never disclosed to them.
What we can say is what was on offer: Class A space at the lowest rate in the
competition, the only 10 out of 10 the ACA awarded on price, in a recently
renovated tower with well over 100,000 square feet available. Any partner the ACA cared to
name could have been housed there, cheaply, had anyone asked.
And there is a constitutional problem with the criterion itself
Set aside that it was undisclosed. A public agency paying extra so that unnamed
private parties can be housed is a Gift Clause question in its own right.
Article IX, Section 7 of the Arizona Constitution bars the State from making a
donation or subsidy to any individual, association or corporation. Arizona courts count
only direct, bargained-for consideration flowing to the public.
Schires v. Carlat, 250 Ariz. 371 (2021).
If the State pays a premium so a third party gets space, the benefit
runs to that third party. The State receives nothing enforceable in return. That is a
Gift Clause problem, and it is one more reason this has no business on a public
procurement scorecard — disclosed or not.
More on the Gift Clause →