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Public procurement in Morocco: the rules of decree 2-22-431

A unified framework, a share reserved for small businesses, modernised and digital procedures: the key points of the public procurement decree and what they mean for organising purchasing.

Updated · 8 min read

This summary outlines the decree and does not replace the official text or the authorities’ guidance. Check the provisions that apply to your organisation.

A new framework since September 2023

Decree no. 2-22-431 on public procurement, published in March 2023, came into force on 1 September 2023. It replaces the previous framework and brings the rules for the main public buyers into a common set, with stated aims of transparency, simplification and opening public purchasing to small businesses.

What changes for bidding companies

  • A share of contracts reserved for small structures: at least 30% for SMEs, cooperatives and self-employed businesses, according to published summaries
  • New procedures, including competitive dialogue for complex needs the buyer cannot define precisely in advance
  • Continued digitalisation: publication, document download and electronic bid submission through the public procurement portal
  • Emphasis on purchasing planning and publication of annual plans

Competitive dialogue in brief

Competitive dialogue lets the public buyer work with admitted candidates to build a solution when its technical, legal or financial needs cannot be defined precisely upfront. Candidates then submit a bid based on the solutions developed. It is a demanding procedure, best kept for complex projects.

The place of SMEs

Reserving a share of contracts for small businesses, cooperatives and the self-employed is one of the decree’s most visible measures. For the buyer, it means knowing each supplier’s category, splitting needs into lots where relevant and reporting the share actually awarded.

Early published reviews point to a growing SME share, but also to persistent difficulties, especially on payment times.

What it means for internal organisation

The official portal handles publication and bid submission, but much of the work stays inside the public buyer:

  • Gather departments’ needs and build the annual plan
  • Prepare tender files and choose the right procedure
  • Organise committees, bid evaluation and minutes
  • Track execution: service orders, statements, amendments, guarantees, acceptance
  • Confirm service delivery and pay contractors on time
  • Keep a complete file for audits

Frequently asked questions

Does the decree apply to state-owned companies?

The decree covers the main public buyers; some bodies have their own regulations. Check the text that applies to your organisation.

Is electronic submission possible?

Yes, the public procurement portal supports viewing notices, downloading files and submitting bids electronically.

Does an internal tool replace the portal?

No. The portal remains the official channel; an internal tool organises planning, evaluation, execution and payment, and keeps the file.

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