5.2.1 An alternative to the appointment of a reserve bidder, depending on the strength of the shortlist, is to invite 'refreshed' bids. This would ensure that all shortlisted bidders are on an equal footing. In practice a reserve bidder may have done little, if anything, to modify the bid when initially missing out on being named preferred bidder, so there may be nothing to be lost by this approach.
5.2.2 Consideration needs to be given to the EC procurement rules before deciding, exceptionally, to invite refreshed bids. For example, it will not always be possible to return to an earlier stage of a competition in this way if significant time has elapsed, or if fundamental aspects of the project require changes. Therefore, although seeking refreshed bids is intended to offer equal treatment to all previous bidders, procurers should be aware of any circumstances which make such a return inadvisable in a particular case. Legal advice should be taken before adopting this approach.
5.2.3 The effectiveness of either strategy (ie reserve bidder or revisiting the shortlist) is likely to diminish with the passage of time if deals are perceived as suffering from endless "negotiating drift". This will usually result in the reserve bidders, or other shortlisted candidates, losing interest in the project and, thus, no longer providing a credible negotiating alternative.