We have not seen examples within our team, i.e. where an incumbent has been excluded from a re-procurement solely on the basis it is in the incumbent supplier. We are aware of instances where authorities have reminded incumbent bidders of this right of exclusion in order to encourage compliance with information sharing obligations. Exclusion on this basis should always be the last resort, i.e. there are no other possible measures which could be adopted to neutralise the perceived/actual advantage of the incumbent. If an excluded incumbent was able to present a convincing argument that there were potential measures available to the authority which would eradicate the advantage concerned, however the authority decided to exclude the incumbent in any event, this could give rise to a high risk of successful challenge (e.g. on the basis that the authority’s decision was disproportionate, in breach of the principle of equal treatment and/or was manifestly erroneous).