Public health facilities across Morocco have faced severe shortages of HIV rapid tests for over a year, leaving patients without access to essential screening. At the same time, local manufacturers hold certified kits ready for immediate delivery, raising questions about the country’s procurement policies. This contradiction highlights a deeper issue: despite national preference laws in place, public tenders continue to favor foreign products, undermining both healthcare access and economic growth.

legal framework ignored despite clear mandates

Moroccan law is unambiguous regarding public procurement. Decree 2.22.431 explicitly requires technical specifications to be based on performance and function rather than brand, origin, or patents. Yet, as Abdelhay Rhorba, public law professor at Hassan II University of Casablanca, points out, vague or overly restrictive tender documents often exclude local producers. «Requirements that go beyond technical necessity or demand certifications held exclusively by foreign competitors constitute a violation of equal opportunity principles,» he explains. «These practices can be legally challenged as misuse of authority if they unjustly exclude domestic suppliers.»

Legal recourse exists: filing a complaint with the National Public Procurement Commission before contract finalization, followed by administrative court action within 60 days. In cases involving suspected corruption, criminal proceedings under Morocco’s anti-bribery laws may also apply. The challenge remains: battling an entrenched administrative system with limited resources.

bureaucratic inertia blocks local innovation

On the ground, the reality is stark. Technical tender documents—known as Cahiers des Prescriptions Spéciales (CPS)—are frequently drafted with outdated foreign products in mind, perpetuating dependency on imports. A leading Moroccan medical device manufacturer, speaking anonymously, reveals the irony: «Our certified rapid tests are used across Africa, yet we hold less than 2% of Morocco’s public market share in this segment.» Despite multiple requests to adjust tender requirements, no action has been taken.

Government responses to these concerns have been inconsistent. While the Ministry of Finance recently raised tariffs on imported medical devices to support local production, the Ministry of Health continues purchasing expensive foreign alternatives—even when comparable, competitively priced local products are available.

health sovereignty at risk

The delays in HIV test availability are more than a logistical failure—they threaten public health outcomes. According to infectious disease specialist Professor Jaafar Heikel, rapid tests are vital for reaching populations that avoid traditional healthcare facilities. «Organizations like OPALS and ALCS rely on these tests to screen marginalized groups,» he notes. «Without them, Morocco risks missing its HIV elimination targets.»

The Kingdom has committed to the UNAIDS 95-95-95 strategy, aiming to end AIDS as a public health threat by 2030. Achieving this goal depends on widespread, accessible testing. Yet, with procurement processes favoring imports, the country’s ability to meet these targets remains uncertain.

urgent calls for reform intensify

The Ministry of Health insists that procurement follows regulations strictly, claiming all tenders are open to compliant operators—regardless of origin. However, critics argue the system is gamed through opaque decision-making. «Why are local producers sidelined when their products are certified and immediately available?» asks one industry insider. The message to innovators is clear: if Morocco cannot support its own manufacturers today, why invest in tomorrow?

The stakes are high. Without urgent reforms, the country risks not only prolonged healthcare shortages but also a broader erosion of its health sovereignty—one tender at a time.