Procurement Risk:

Critical

Score:

9/100

Government Policy

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Q57 0/100

Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?

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Legal framework Score: NS / 100
This sub-indicator is not assigned a score in the GDI. Morocco has legislation covering procurement, which consists of the « Décret n° 2-13-656 modifiant…
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Corruption risks Score: 0 / 100
Morocco has no procurement legislation that maes reference to corruption risks.
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Effectiveness Score: 0 / 100
There are significant exceptions to the procurement law as applied to the defence sector.
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Q58 0/100

Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?

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Formal procedures Score: 0 / 100
Defence and security procurements are exempt from most of the transparency requirements, either by not being included in the list of sectors concerned, or…
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Transparency Score: 0 / 100
No evidence pointing to the disclosure of the defence procurement cycle was found.
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Implementation Score: 0 / 100
There is no evidence that the defence procurement cycle is formalised at all and that there are publicly available policies or procedures for the…
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Q59 0/100

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

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Independence Score: 0 / 100
No article was found on the websites and organisations that should be the main reference sources on the topic of procurement oversight mechanisms (1)(2)(3).…
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Effectiveness Score: NA / 100
As procurement oversight mechanisms do not appear to exist, this sub-indicator is marked as non applicable.
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Transparency Score: NA / 100
As procurement oversight mechanisms do not appear to exist, this sub-indicator is marked as non applicable.
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Q60 13/100

Are potential defence purchases made public?

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Policies Score: 25 / 100
Publishing of potential purchases for the Moroccan armed forces extends less than 5 years in advance (1)(2)(3)(4)(5)(6)(7)(8). No evidence of the existence of a…
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Notice of planned purchases Score: 0 / 100
There is no information in the sources surveyed about detailed planned purchases for the armed forces.
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Q61 0/100

Are actual defence purchases made public?

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Comprehensiveness Score: 0 / 100
No evidence was found that defence purchases are made public by the Moroccan authorities. Only the budget law gives details about the purchases of…
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Accessible data Score: 0 / 100
No evidence was found in the Moroccan press and from Moroccan official sources (legal and governmental) that data is released in an accessible format…
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Capability Gap and Requirements Definition

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Q62 0/100

What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?

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Formal policies Score: 0 / 100
The Code of Public Procurement Contracts in its revised version exempts defence procurement contracts from a number of transparency requirements (1)(2). However, special requirements…
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Consistent implementation Score: NA / 100
Since there are no laws or procedures detailing how the government discriminates in its selection of suppliers and sub-contractors, this sub-indicator is marked Not…
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Q63 0/100

Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?

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Procurement requirements Score: 0 / 100
Procurement requirements are in theory formally derived from a national defence and security strategy. The strategy is likely to be weak, vague or insufficient…
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Scrutiny Score: 0 / 100
NGO sources failed to provide information about scrutiny over defense purchases (1)(2)(3). Official sources failed to provide information about scrutiny of actual purchases (4)(5).…
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Purchases Score: 0 / 100
As the answer to indicator Q63A explains, there is a vaguely defined national strategy. However, as answers to indicators 62 and 63B explain, there…
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Tender Solicitation, Assessment and Contract Award

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Q64 0/100

Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?

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Open competition Score: 0 / 100
The revised version of the Code of Public Procurement Contracts (2013) states that public procurement should be submitted to open competition (1)(2). However, the…
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Scrutiny of single/restricted competition procedures Score: 0 / 100
The only oversight body in Morocco (National Audit Office) does not overview military spending (1)(2). Whilst the revised version of the Code of Public…
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Q65 13/100

Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?

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Conflicts of interest Score: 0 / 100
The revised version of the Code of Public Procurement Contracts (2013)(1)(2) makes no mention of independent scrutiny and audit of tender boards, although tender…
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Audit Trail Score: 0 / 100
No evidence was found of an audit trail detailing individuals involved in setting tender specifications, supplier selection and tender award concerning contracts benefitting the…
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Transparency Score: 50 / 100
There is limited transparency of tender board procedures and it is unclear whether this extends to contracts benefiting the armed forces in theory and…
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Scrutiny Score: 0 / 100
There is no evidence that external verification of tender specifications takes place.
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Q66 0/100

Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?

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Legal framework Score: 0 / 100
In the general legislation, the 2013 version of the Code of Public Procurement Contracts provides the following in relation to collusion between bidders. Nothing…
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Sanctions Score: NA / 100
This sub-indicator has been marked Not Applicable because there is no legislation covering defence procurement that addresses colusion. Procurement officials have no authority to…
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Enforcement Score: NA / 100
This sub-indicator has been marked Not Applicable because there is no legislation covering defence procurement that addresses colusion. There is a complete failure to…
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Training Score: 0 / 100
No information regarding training for procurement officials has been found.
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Contract Delivery and In-Service Support

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Q67 0/100

Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?

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Reporting policies & procedures Score: 0 / 100
No formal policies or procedures that outline how to monitor, assess and report upon a supplier’s service and or delivery obligations were found in…
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Transparency Score: 0 / 100
No evidence of transparency in the reporting and delivery obligations of contractors was found.
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Monitoring Score: 0 / 100
No evidence was found that procurement offices conduct reporting and delivery obligations at all. In the absence of formal policies or procedures that outline…
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Enforcement Score: 0 / 100
There are no formal policies or procedures that outline how to monitor, assess and report upon a supplier’s service and or delivery obligations, no…
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Q68 25/100

Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?

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Complaints mechanisms Score: 50 / 100
The 2013 version of the Code of Public Procurement Contracts states the following:(1) ⁃ Articles 45, 83 and 111: a call for tenders or…
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Effectiveness and Accessibility Score: NEI / 100
This indicator has not been assigned a score due to insufficient information or evidence. The lack of sufficient details about the formal complaint mechanisms…
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Retaliation Score: 0 / 100
There has been no report of companies effectively complaining about perceived malpractices in procurement in the local or international press (1)(2)(3)(4)(5)(6)(7)(8)(9). Both interviewees alleged…
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Q69 0/100

What sanctions are used to punish the corrupt activities of a supplier?

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Sanctions Score: 0 / 100
The 2013 version of the Code of Public Procurement Contracts makes a number of provisions concerning some acts of misconduct and their corresponding sanctions…
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Undue influence Score: NA / 100
As procurement officials have no authority to exclude companies or individuals implicated in bribery or corruption related offences, this sub-indicator has been marked Not…
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Application of sanctions Score: NA / 100
As procurement officials have no authority to exclude companies or individuals implicated in bribery or corruption related offences, this sub-indicator has been marked Not…
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Offset Contracts

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Q70 25/100

When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?

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Legal framework Score: 0 / 100
There does not appear to be a formal policy which regulates offset contracts (1)(2)(3).
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Due diligence Score: 50 / 100
The 2013 version of the Code of Public Procurement Contracts states that due diligence requirements are imposed on contractors when negotiating offset contracts, including…
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Q71 0/100

How does the government monitor offset contracts?

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Policies & procedures Score: 0 / 100
No evidence was found that formal policies or procedures outlining the reporting and delivery obligations for offset contracts exist (1)(2)(3)(4)(5)(6). Neither the National Audit…
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Transparency Score: 0 / 100
No evidence was found that the government transparently discloses in full details about off-set contracts, be it through the National Audit Office, the defence…
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Monitoring Score: 0 / 100
No evidence shows that procurement offices are conducting reporting and delivery obligations at all.
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Enforcement Score: 0 / 100
No evidence shows that procurement offices are conducting reporting and delivery obligations at all.
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Q72 NA/100

What level of competition are offset contracts subject to?

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Agents / Brokers

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Q73 63/100

How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?

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Policies Score: 75 / 100
The 2013 version of the Code of Public Procurement Contracts provides a legal framework for the use of agents and intermediaries, allowing subcontracting under…
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Enforcement Score: 50 / 100
No evidence of cases involving recent (less than 3 years) violations of policies and laws on the use of agents and subsequent sanctions was…
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Financing Package

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Q74 NA/100

Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?

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Seller Influence

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Q75 NS/100

How common is it for defence acquisition decisions to be based on political influence by selling nations?

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Prevalence: selling nations Score: NS / 100
This sub-indicator is not assigned a score in the GDI. Although previous evidence suggested that it was very common for defence decisions to be…
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Justification Score: NS / 100
This sub-indicator is not assigned a score in the GDI. Although previous evidence suggested that it was very common for defence decisions to be…
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Prevalence: domestic pressures Score: NS / 100
This sub-indicator is not assigned a score in the GDI. No evidence of legislative discussion and consultation was found. Previous sub-indicators of the Political…
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