Public-private partnerships provide an opportunity for and encourage the use of innovative design, contracting, and construction methods. The use of these methods benefits both the public and private parties to such agreements. However, under current law, this opportunity is restricted by Federal procurement guidelines, which discourage the use of proprietary products and techniques.[363]
Freedom of Information Acts present another concern for potential private sector partners with proprietary or confidential material they want to include in a proposal. These laws were enacted to ensure citizen access to important government information. However, these laws can have the unintended effect of discouraging the sharing of information between the private sector and State DOTs. Private firms will be rightfully hesitant to include creative ideas in proposals if their competitors will have access to those proposals. Retaining the confidentiality of public-private partnerships proposals and private-sector financial information contained in such proposals is always a concern to the private entity.[364]