Accountability and Transparency

Some complicated PPP agreements have been criticized for being "rushed through without the public or their elected officials fully understanding the implications."69 In one recent survey of state departments of transportation, 30 percent of respondents named transparency as a main concern about PPPs, and more than 70 percent considered it an important measure to protect the public interest.70 Transparency in this context includes adequate opportunities for both public input and legislative review during the PPP decision-making process.71 Concerns may arise, however, about the competing need to maintain some confidentiality during the proposal process to protect bidders' proprietary information and the state's negotiating stance.72 To address this, several states-including Delaware, Indiana and Texas-address confidentiality issues in statute (see also Principles 4 and 9).73