Title
ADD-ON - Request Authorization to File a Petition for Special Action Relief with the Arizona Court of Appeals Related to Airport Baggage Handling Systems Operations and Maintenance Procurement - District 8
Description
Law and Aviation departments request approval to file a Petition for Special Action Relief and/or appeal with the Arizona Court of Appeals from Maricopa County Superior Court’s ruling in Daifuku Services America Corporation v. City of Phoenix.
Report
Summary
In August 2024, the City’s Aviation Department posted its recommended award of a contract under a solicitation for baggage handling systems, AVN RFP 24-0156. Daifuku Services America Corporation (“Daifuku”) was the unsuccessful incumbent. In November 2024, Daifuku protested the City’s recommendation of award to another bidder and the City’s disqualification of Daifuku for a violation of the City’s Solicitation and Transparency Policy. After Daifuku exhausted its administrative remedies through protest and protest appeal, on May 19, 2025, Daifuku filed a Special Action in the Maricopa County Superior Court. On August 28, 2025, the Maricopa County Superior Court issued its ruling. On September 15, 2025, the Maricopa County Superior Court entered Final Judgment.
Justification
The City Attorney, after consultation with Aviation and outside counsel, requests authority to file a Petition for Special Action Relief, with a request for expedited review, and/or appeal with the Arizona Court of Appeals. Council must vote in a public meeting whether to file a lawsuit or appeal a ruling. See Desert Mountain Energy Corp. v. City of Flagstaff, 566 P.3d 333 (App. 2025), review denied (September 9, 2025).
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8
Department
Responsible Department
This item is submitted by City Attorney Julie Kriegh, Interim Deputy City Manager Amber Williamson and the Law and Aviation departments.