By: Thelma Abbe
The Procurement Theater: When Bidding Is Just for Show
Procurement is supposed to be the shield that protects public interest — competitive bidding, technical evaluations, and value for money. But in many PPPs, procurement is pure performance.
In theory, bids are evaluated on merit. In reality, winners are often selected in advance. Scores are manipulated. Requirements are customized to fit one bidder. And in some cases, only one company applies — because everyone else knows the outcome is rigged.
In Central Africa, a digital ID PPP was opened for ‘international competitive bidding.’ But the specifications were so narrow — requiring experience with a very specific biometric model — that only one bidder qualified: the incumbent.
In South Asia, a highway PPP required a security clearance from a particular ministry — a ministry that only issued it to one firm. All other bidders were disqualified for ‘incomplete documentation.’
In the Caribbean, a ferry transport PPP limited participation to companies with ‘existing operations in the region for at least 10 years,’ effectively disqualifying global players. The winner? A company owned by the brother of the transport minister.
In Southern Africa, an e-health PPP attracted only one bidder — despite over 15 firms expressing interest. Insiders later revealed the requirements were changed midway to favor a local tech firm tied to senior officials.
Procurement theater ensures appearances are maintained while the real decisions are made in private — far from the public eye.
The Legal Landmines: Contracts That Handcuff Governments
Most PPP contracts are hundreds of pages long — full of legalese and ambiguity. But buried in the fine print are landmines that explode when governments try to enforce accountability.
Termination clauses that require massive payouts. Arbitration clauses that send disputes to private courts overseas. Non-compete clauses that prevent governments from building rival infrastructure.
In one Southern African country, a water PPP included a clause that required the government to pay the contractor’s ‘expected future profits’ if the deal was terminated — even for corruption.
In Southeast Asia, a power PPP had a fuel cost adjustment clause that allowed the company to increase prices anytime fuel costs changed — without independent verification. Consumers suffered, and the government had no legal room to intervene.
In Latin America, a toll road PPP contract gave the operator exclusive rights to toll any road within a 30 km radius — blocking future projects unless the operator was paid compensation.
In West Africa, a government terminated a broadband PPP due to poor performance. The investor sued in international arbitration and won $55 million — even though the project never reached 10% completion.
These contracts are often drafted by elite international law firms with global enforcement experience. Local governments, without equally equipped teams, sign contracts that end up punishing them for even trying to protect the public interest.
The Silent Watchdogs: Institutions That Look Away
Every country has institutions designed to protect public resources — auditors, anti-corruption commissions, procurement authorities, parliaments. But in many PPP cases, these watchdogs go silent.
Why? Sometimes it’s fear. Sometimes it’s funding. Sometimes it’s political pressure. And sometimes, it’s simple neglect.
In West Africa, an Auditor General flagged a PPP involving ghost toll booths and missing revenue. The report was shelved for three years.
In South America, a national procurement authority admitted it ‘did not have jurisdiction’ over PPPs signed by the presidency.
In East Africa, a parliamentary inquiry into a failed fertilizer plant PPP was closed midway — after senior MPs were linked to the bidding company.
In the Middle East, a water treatment PPP doubled in cost within two years. The anti-corruption agency launched an investigation, but it was halted due to ‘lack of cooperation’ from the Ministry of Infrastructure.
In South Asia, an energy PPP scandal involving a ghost contractor was exposed by media — but the national audit office claimed it was ‘not within their annual audit scope.’
When watchdogs bark but aren’t fed, or worse, are kept in cages, PPP abuse becomes systemic — and invisible.
What Needs to Happen
1. Reform procurement laws: Remove loopholes that allow single-sourced deals disguised as competitive bidding.
2. Contract transparency: All signed PPP contracts must be published online, with summaries available to the public.
3. Build legal muscle: Create dedicated PPP legal units within Ministries of Justice to vet contracts before signing.
4. Empower watchdogs: Fund and protect auditors, ombudsmen, and procurement boards so they can investigate without fear.
5. Citizen litigation rights: Allow civil society to challenge illegal or harmful PPP contracts in court.
6. Mandatory legal review by national authorities: No PPP should be signed without formal clearance from the Attorney General’s office.
Final Word: Applause or Accountability?
PPP deals often begin with applause. But citizens don’t need press conferences. They need performance.
When procurement becomes theater, contracts become traps, and watchdogs go silent — PPPs stop serving the public.
It’s time to demand more than a show. It’s time to demand accountability. Because when deals go wrong, the public pays — in taxes, in tariffs, and in trust.
PPP should mean Public Protection Priority — not Private Profit Parade.
Author: Thelma Abbe
Email: abbe.thelma@jsmorlu.com
Thelma Abbe is a dynamic accounting professional with JS Morlu Ghana, where she delivers high-impact financial services to U.S. and international clients with precision and strategic insight. A graduate of Kwame Nkrumah University of Science and Technology and a current ACCA candidate, she combines academic excellence with real-world expertise.
With deep command of both U.S. GAAP and international accounting standards, Thelma manages complex IRS filings, financial reporting, and compliance for a global client base. Her ability to bridge multiple regulatory environments makes her a vital asset to cross-border businesses navigating today’s financial complexities.
She also plays a critical role as a subject matter expert and product tester for FinovatePro.com — an AI-powered, game-changing accounting platform built to transform financial management for small businesses around the world.
Driven by a passion for accountability, financial innovation, and governance, Thelma is a constant learner and avid reader of corporate finance literature. She stands at the forefront of a new generation of accountants — globally minded, tech-savvy, and purpose-driven. For professional inquiries, reach her at abbe.thelma@jsmorlu.com.