Public health facilities across Morocco have faced alarming stockouts of rapid HIV tests, leaving patients without timely screening for over a year. At the same time, domestic manufacturers capable of supplying these tests within days remain sidelined. This isn’t merely a supply chain hiccup—it’s a systemic failure rooted in public procurement practices that ignore the legal principle of national preference.
legal obligations vs. procurement reality
The Moroccan legal framework, particularly Decree No. 2.22.431, mandates that public tenders prioritize performance and functionality over brand specifications or origin. Yet, as observed by Abdelhay Rhorba, administrative law professor at Hassan II University of Casablanca, many tender documents include overly precise technical conditions or require certifications held exclusively by foreign competitors. These tactics, he notes, create an unjustified exclusion effect and may constitute an abuse of power.
Challenges can be filed through formal administrative channels, including a pre-contractual appeal to the National Public Procurement Commission within sixty days. If corruption is suspected, criminal provisions on influence peddling may also apply. However, contesting a public administration requires resources and resilience—barriers that many local producers cannot overcome.
technical specifications favor foreign suppliers
On the ground, the reality is stark. Technical specifications documents, known as cahiers des prescriptions spéciales (CPS), are reportedly drafted based on products already in use abroad, perpetuating outdated procurement patterns and sidelining domestic innovation. One anonymous manufacturer, whose rapid HIV tests are sold across Africa, claims domestic public contracts represent less than 2% of its market share in the segment. “These technical specifications should be based on Moroccan products, but that isn’t happening today,” the manufacturer explains.
When local producers raise concerns about biased tenders, they are met with silence or inaction. The contradiction extends beyond the Ministry of Health. While the Ministry of Finance has raised tariffs on imported medical devices to boost local production, the health sector continues to purchase expensive foreign alternatives—ignoring competitively priced domestic alternatives.
ministry defends procurement process
In response, the Directorate of Drug and Health Product Supply at the Ministry of Health states it operates “strictly within the legal framework” and ensures tenders are open to all operators meeting the required conditions, with “particular attention” given to companies based in Morocco. However, this emphasis is placed on company registration, not product origin—allowing importers established locally to compete on equal footing with domestic manufacturers.
The health ministry acknowledges “occasional supply tensions” in certain facilities, attributing them to procurement delays and international supply chain disruptions. It claims ongoing tenders aim to secure supplies and that “complementary alternatives” are under review. Yet critics question why local producers with certified stock were not engaged urgently when stockouts lasted months.
The ministry denies using direct award procedures—limited to emergency situations or justified technical exclusivity—but this contradicts reports from industry sources. Without access to official documents, the claim remains unverified.
sovereignty in health: a distant goal
The crisis underscores a deeper challenge: achieving health sovereignty. Jaafar Heikel, an infectious disease specialist, stresses that while conventional lab tests remain available, rapid tests are vital for reaching marginalized populations who avoid formal health structures. “NGOs like OPALS and ALCS rely on these tests to screen high-risk groups that wouldn’t visit a lab,” he says. “Disruptions directly undermine on-the-ground responses.”
When locally manufactured tests are validated by state authorities, they offer significant advantages—cost savings and greater autonomy. Yet persistent procurement barriers risk discouraging investment in domestic production at a critical moment.
2030 target in jeopardy
Morocco has committed to the UNAIDS 95-95-95 targets: 95% of people living with HIV diagnosed, 95% on treatment, and 95% virally suppressed by 2030. These goals depend on widespread, rapid, and accessible testing. “Fewer tests mean fewer diagnoses, and the virus spreads further,” warns a local manufacturer. Heikel concurs: “Faster progress toward the 95-95-95 goals requires rapid tests and validated domestic production.”
The Ministry of Health asserts it remains “fully committed to ensuring continuous screening services.” Yet industry actors insist this commitment must be reflected in updated technical specifications and equitable procurement practices.
Rumors now circulate openly: are some members of tender validation committees protecting foreign suppliers’ interests, defying ministerial directives? For producers investing in innovation, the message is clear—if the system repeatedly excludes them, the incentive to build local capacity will fade. And Morocco will keep importing what it could produce at home.
