Public health facilities across Morocco are experiencing alarming stockouts of rapid HIV tests, forcing patients to leave without diagnosis for months at a time. Meanwhile, local manufacturers hold ready-to-ship supplies of certified kits, yet their bids are repeatedly rejected in favor of foreign alternatives. This paradox exposes a systemic failure in public procurement practices that undermines both patient care and national industrial development.

broken promises of national preference in public contracts

Morocco’s legal framework explicitly supports national preference in public procurement through Decree No. 2.22.431. The regulation mandates that technical specifications must prioritize performance and functionality over brand origin or patented designs. However, legal experts argue that many tender documents continue to embed discriminatory clauses that effectively lock out domestic producers.

Abdelhay Rhorba, a public law professor at University Hassan II of Casablanca, emphasizes that excessive technical requirements or certifications held exclusively by foreign competitors constitute clear violations of equal opportunity principles. Moroccan administrative courts evaluate such cases based on one criterion: unjustified exclusionary effects. If a tender’s specifications, even if formally correct, systematically exclude local manufacturers, the contract can be legally contested.

Legal recourse exists through administrative complaints to the National Public Procurement Commission before contract finalization, followed by court challenges within 60 days. In cases involving suspected corruption, Morocco’s penal code on influence peddling may also apply. Yet exercising these rights requires resources and tenacity that many small manufacturers lack when facing entrenched bureaucratic inertia.

how tender specifications perpetuate import dependence

Field investigations reveal that technical specifications in public tenders for HIV tests are frequently drafted around existing foreign products. This practice, confirmed by multiple sector insiders, maintains import dependence while ignoring Morocco’s growing domestic production capabilities. A leading Moroccan medical device manufacturer, speaking anonymously, reveals that his company supplies certified rapid tests to several African nations yet captures less than 2% of the domestic public market in its segment. “Technical specifications should be based on locally produced alternatives, but this rarely happens,” he states.

When domestic producers attempt to flag discriminatory tender requirements, they receive no substantive response—either silence or inaction from contracting authorities. The pattern persists even as the Ministry of Finance has raised import tariffs on certain medical devices to stimulate local manufacturing.

contradictions at the heart of national health policy

Contradictions extend beyond procurement offices into the highest levels of government. While the Ministry of Finance promotes import substitution through tariff adjustments, the Ministry of Health continues purchasing imported tests at higher costs despite validated local alternatives available at competitive prices. Officials from the Directorate of Drug and Health Product Supply defend procurement decisions, claiming strict adherence to regulations and openness to all operators meeting technical requirements. However, they clarify that “established operators in Morocco” refers to company registration rather than product origin—effectively allowing importers to compete on equal footing with domestic manufacturers.

Regarding HIV test shortages, the Directorate acknowledges “occasional supply tensions” in some facilities, attributing them to public procurement delays and international supply chain disruptions. They claim ongoing tenders aim to secure supplies and explore “complementary alternatives.” Yet health sector observers question why local producers with available stock and regulatory approvals were not engaged during prolonged shortages.

On the controversial use of direct negotiation procedures, the Ministry denies any improper practices, stating all 2025 acquisitions followed competitive bidding. This contradicts information from multiple sources close to the dossier, though official documents remain unpublished.

the human cost of delayed reform

Infectious disease specialist Professor Jaafar Heikel highlights the critical role of rapid HIV tests in reaching populations that avoid traditional healthcare settings. He notes that while conventional lab tests remain available, their accessibility and speed cannot match point-of-care diagnostics. “NGOs like OPALS and ALCS rely on these tests to screen populations that wouldn’t otherwise seek testing,” he explains. “Interrupted supply directly undermines Morocco’s prevention efforts.”

The stakes extend beyond immediate patient care to national health sovereignty. Professor Heikel stresses that validated local production offers both financial advantages and strategic benefits for achieving the UNAIDS 95-95-95 targets by 2030. These objectives aim to end AIDS as a public health threat by ensuring 95% of people with HIV know their status, 95% receive treatment, and 95% achieve viral suppression.

A domestic manufacturer warns that sustained exclusion of local producers risks discouraging investment just as Morocco needs it most. “When a company develops an approved product, meets all requirements, and is systematically sidelined, it sends a clear message: develop elsewhere,” he notes. “We’ll keep importing what we can produce ourselves.”

what’s next for Morocco’s health sovereignty?

The Ministry of Health asserts full mobilization to maintain testing services, but sector stakeholders demand tangible changes in tender specifications. Questions persist about potential conflicts of interest among compliance commission members who may prioritize foreign suppliers over national interests. Until procurement practices align with legal mandates and production realities, Morocco’s dream of health sovereignty will remain distant—and preventable HIV cases will continue to rise.