SIST EN 17371-1:2021

SLOVENSKI STANDARD
oSIST prEN 17371-1:2019
01-junij-2019
Zagotavljanje storitev - 1. del: Storitve nabave - Navodilo za ocenjevanje
sposobnosti ponudnikov storitev in vrednotenje storitvenih predlogov
Provision of services - Part 1: Service procurement - Guidance for the assessment of the
capacity of service providers and evaluation of service proposals
Dienstleistungserbringung - Teil 1: Dienstleistungsbeschaffung - Leitlinien für die
Bewertung der Kapazität von Dienstleistern und die Bewertung von
Dienstleistungsangeboten
Processus dachat de prestations de services - Evaluation de la capacité des
fournisseurs de services
Ta slovenski standard je istoveten z: prEN 17371-1
ICS:
03.080.20 Storitve za podjetja Services for companies
03.100.10 Nabava. Dobava. Logistika Purchasing. Procurement.
Logistics
oSIST prEN 17371-1:2019 en,fr,de
2003-01.Slovenski inštitut za standardizacijo. Razmnoževanje celote ali delov tega standarda ni dovoljeno.

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DRAFT
EUROPEAN STANDARD
prEN 17371-1
NORME EUROPÉENNE

EUROPÄISCHE NORM

March 2019
ICS 03.080.20; 03.100.10
English Version

Provision of services - Part 1: Service procurement -
Guidance for the assessment of the capacity of service
providers and evaluation of service proposals
 Dienstleistungserbringung - Teil 1:
Dienstleistungsbeschaffung - Leitlinien für die
Bewertung der Kapazität von Dienstleistern und die
Bewertung von Dienstleistungsangeboten
This draft European Standard is submitted to CEN members for enquiry. It has been drawn up by the Technical Committee
CEN/TC 447.

If this draft becomes a European Standard, CEN members are bound to comply with the CEN/CENELEC Internal Regulations
which stipulate the conditions for giving this European Standard the status of a national standard without any alteration.

This draft European Standard was established by CEN in three official versions (English, French, German). A version in any other
language made by translation under the responsibility of a CEN member into its own language and notified to the CEN-CENELEC
Management Centre has the same status as the official versions.

CEN members are the national standards bodies of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia,
Finland, Former Yugoslav Republic of Macedonia, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland,
Turkey and United Kingdom.

Recipients of this draft are invited to submit, with their comments, notification of any relevant patent rights of which they are
aware and to provide supporting documentation.

Warning : This document is not a European Standard. It is distributed for review and comments. It is subject to change without
notice and shall not be referred to as a European Standard.


EUROPEAN COMMITTEE FOR STANDARDIZATION
COMITÉ EUROPÉEN DE NORMALISATION

EUROPÄISCHES KOMITEE FÜR NORMUNG

CEN-CENELEC Management Centre: Rue de la Science 23, B-1040 Brussels
© 2019 CEN All rights of exploitation in any form and by any means reserved Ref. No. prEN 17371-1:2019 E
worldwide for CEN national Members.

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Contents Page
European foreword . 4
Introduction . 5
1 Scope . 7
2 Normative references . 7
3 Terms and definitions . 7
4 Service procurement process . 8
4.1 General . 8
4.2 Determining the procurement requirements. 8
4.3 Planning . 9
4.4 Market research and analysis . 9
4.5 Drafting of the specifications . 9
4.6 Selection of service providers . 9
4.6.1 Organization of tendering procedure for public procurement . 9
4.6.2 Organization of procurement process for private sector . 10
4.6.3 Evaluation of proposals and award of the contract . 11
5 Criteria for assessing a service provider's capacities . 11
5.1 General . 11
5.2 Legal capacity criteria . 11
5.2.1 Purpose . 11
5.2.2 Evidence . 12
5.3 Economic and financial capacity criteria. 13
5.3.1 Purpose . 13
5.3.2 Evidence . 13
5.4 Human resources criteria . 13
5.4.1 Purpose . 13
5.4.2 Evidence . 13
5.5 Materials, equipment and infrastructure criteria . 14
5.5.1 Purpose . 14
5.5.2 Evidence . 14
5.6 Reference-related criteria . 14
5.6.1 Purpose . 14
5.6.2 Evidence . 14
5.7 Credential related criteria . 15
6 Criteria for evaluating a service proposal . 15
6.1 General . 15
6.2 Best value . 15
6.3 Selection of criteria: principles . 15
6.3.1 Selection and weighting of criteria . 15
6.3.2 Scoring of the proposals . 15
6.4 Technical content . 16
6.4.1 Purpose . 16
6.4.2 Evidence . 17
6.5 Financial proposals . 17
6.5.1 General . 17
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6.5.2 Evidence . 18
6.5.3 Abnormally low proposals . 18
6.6 Other performance criteria . 18
6.6.1 Public procurement . 18
6.6.2 Private procurement . 18
Bibliography . 20

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European foreword
This document (prEN 17371-1:2019) has been prepared by Technical Committee CEN/TC 447
“Horizontal standards for the provision of services”, the secretariat of which is held by BSI.
This document is currently submitted to the CEN Enquiry.
This document has been prepared under a mandate given to CEN by the European Commission and the
European Free Trade Association.
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Introduction
This document is part of a series of European Standards that address different phases in the provision
of services: the service procurement phase, the service contracting phase and the service execution
phase.

The drafting of the series was initiated after CEN presented the findings of a study on the potential and
a possible impact of horizontal service standards on the EU single market for services. This study was as
a response to the standardization request M/517 from the European Commission for programming and
development of horizontal service standards. The objective of this standardization request was to
encourage the development of voluntary European Standards covering issues common to many service
sectors. Such standards should aim to facilitate compatibility between services supplied by providers in
different Member States, improve information to the recipient and the quality of services offered in the
EU.
This document endeavours to provide recommendations focusing on the:
— service procurement process through to the selection of providers/service providers;
— criteria for assessing a service provider's capacities to deliver the service to be provided;
— criteria for evaluating a service proposal.
The goal is to build on existing best practice and avoid additional constraints, in particular on medium,
small and micro organizations, including by the provision of a framework and template. This document
reflects the most important trends within service procurement. It is aimed at, e.g:
— organizations purchasing services (also referred to as “service buyers” in this document);
— organizations providing services (also referred to as “providers" and "service providers" in this
document);
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— governmental departments (national or European) in their role as authorities defining the rules
and procedures governing public procurement;
— organizations advising customers how to select service providers (such as consultancies);
— organizations that manage systems for shortlisting or (pre)qualifying service providers for the
purpose of helping their customers select service providers that are capable of fulfilling their needs
and successfully leading their projects;
— organizations responsible for compiling official lists of approved providers, meaning those who are
authorized to bid on certain contracts;
— organizations responsible for sourcing service providers.
Whilst not the focus of the document, it is recognised that societal stakeholders including consumers,
labour and environmental NGOs have legitimate interests in service procurement, for example in areas
such as accessibility, privacy and sustainability. These interests have been taken into account in this
document.
The recommendations specified by this document are common to both private and public purchase,
wherever a recommendation applies only to one type of purchase it is identified. Taking into account
the European/national legislations on public procurement, some recommendations should be
considered as requirements by the public buyers.
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1 Scope
This document provides guidance for the assessment of the capacity of service providers and the
evaluation of service proposals in order to improve and facilitate the process of procuring services.
This document is applicable to:
a) Any organization regardless of its type or size
b) Any interested parties who are directly or indirectly involved in or affected by a procurement
process
This document is not applicable to business-to-consumer (B2C) service contracts or for works
contracts.
NOTE 1 ‘Works contracts’ are contracts that have as their object the execution, or both the design and
execution, of a work and are not covered in this document. Contracts having as their object only the design of a
work are covered.
NOTE 2 ‘Work’ means the outcome of building or civil engineering works taken as a whole which is sufficient in
itself to fulfil an economic or technical function.
2 Normative references
This document does not contain any normative references.
3 Terms and definitions
For the purposes of this document, the following terms and definitions apply.
ISO and IEC maintain terminological databases for use in standardization at the following addresses:
— IEC Electropedia: available at http://www.electropedia.org/
— ISO Online browsing platform: available at http://www.iso.org/obp
3.1
procurement
activity of acquiring services from providers which could be public procurement or any other form of
procurement
3.2
service provider
organization that offers or supplies one or more services
3.3
service buyer
organization that implements a service procurement process and contracts with a service provider
Note 1 to entry: In public procurement, the service buyer may also be known as the contracting
authority/entity.
3.4
service procurement
activities enabling an organization to enter into a contract with one or more service providers
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3.5
public procurement
any procurement regulated by public procurement rules (international, EU, national, regional)
3.6
interested party
person or organization that can affect, be affected by, or perceive themselves to be affected by service
procurement
3.7
subcontractor
organization contracted by the provider to perform a specific part of a contract
4 Service procurement process
4.1 General
This section describes the elements of the service procurement process prior to signing a contract.
Organizations may schedule these elements in any order. Some elements may not be applicable in
particular cases.
The service procurement process includes consideration of human resources, material, equipment and
infrastructure resources as relevant to the service to be provided.
These considerations should be embedded in a wider strategic approach (sometimes called sourcing)
that considers the whole cycle from initial planning and identification of needs until the end of service
contract.
The buyer shall determine whether public procurement legislation applies. If this is the case, the
normative clauses marked public procurement shall be applicable.
4.2 Determining the procurement requirements
The buyer should determine the service and the service provider requirements.
The requirements should include, as applicable:
a) Requirements of the buyer, e.g. cost/price, on-time delivery, reporting, quality criteria, service
provider sustainability;
b) Statutory and regulatory requirements, e.g. accessibility, avoidance of discrimination, health and
safety;
c) Requirements of the end user, e.g. reliability, responsiveness, competency, safety/security,
accessibility, communication.
NOTE In some cases the buyer can also be the end user of the service.
Methods of gathering information for the determination of the requirements include:
— consultations with internal interested parties, e.g. managers of the concerned functions of the
buyer;
— consultations with external interested parties, e.g. end users, regulation bodies;
— reviewing available documented information, e.g. lessons learned and known experience from
previous projects.
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The service buyer should determine the relative importance of the requirements in order to prioritize
them. This makes the further steps of the process of service procurement more effective and improves
the service delivered.
In determining requirements related to end users, organizations should consider the extent to which
the service can be accessed, understood and used by the widest range of users, including persons with
disabilities.
NOTE In the European Union and its Member States, there are statutory and/or regulatory requirements
related to accessibility. Where these exist, this should be reflected in requirements and specifications.
Any conflicting requirements should be identified and resolved at the beginning of the process. A
comprehensive list of prioritized requirements on the service and service provider should be the result.
4.3 Planning
The planning should include determination of risks and opportunities associated with the process. The
output of the planning should include or refer to actions, to be performed by the buyer, to address these
risks and opportunities.
4.4 Market research and analysis
Based on the requirements determined in 4.1 and planning done in 4.3 the service buyer should
perform market research and analysis to identify the potential organizations able to provide the service
to be procured. This research and analysis should focus on providers present in the market and on the
services they provide or will provide by the time the tender is out.
The output of the market research and analysis can help to determine a realistic level of performance in
accordance with each specific requirement.
The output of the market research and analysis should be used as input in the drafting of the
specification and should ensure that the specification can be realistically met.
4.5 Drafting of the specifications
The specification of the service to be procured should be based on the service and service provider
requirements (4.1) and the market research and analysis (4.4).
The specification should include the requirements and may specify required minimum performance
levels for each requirement.
4.6 Selection of service providers
4.6.1 Organization of tendering procedure for public procurement
4.6.1.1 Planning and choice of the procurement procedure
The choice of the most relevant procurement procedure is determined by which service is required to
fulfil the buyer's requirements. Preliminary market consultation following a market analysis can be
helpful before determining the procurement procedure.
One of the following procedures should be chosen:
a) Open procedure,
b) Restricted procedure,
c) Competitive procedure with negotiation,
d) Competitive dialogue and
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e) Innovation partnership,
4.6.1.2 Procurement documents
Procurement documents should include:
— the contract notice;
— the technical specification;
— the proposed conditions of contract;
— templates and instructions for presentation by bidders and tenderers;
— information on generally applicable obligations;
— any additional documents, such as referenced standards.
The purpose of the technical specification is to lay down the characteristics of the service, with
minimum requirements for the service in question.
4.6.2 Organization of procurement process for private sector
4.6.2.1 General
Organizations should produce:
— a technical spécification ;
— a prososed contract;
— templates and instructions for presentations by bidders;
— information on generally applicable obligations;
— additional documents, such as referenced standards.
4.6.2.2 Specification of service requirement
The specification of service requirement is a vital component in a good procurement of services and will
form the basis of the services to be procured and their delivery.
In order to develop a good Invitation to Tender it is necessary to provide to potential bidders a clear
statement of what the buyer wishes to procure. This should be based on which relevant services are
already being delivered and which the buyer wishes to be delivered for the future.
A pre-requisite is that the buyer understands what services are currently being delivered and at what
cost. Then the buyer needs to have a clear understanding of which services it wishes to procure and
how they are to be delivered. Only then may a clear statement be provided to bidders which will, in due
course, form a major part of the evaluation of tenders prior to the award of a contract.
4.6.2.3 Content of private tendering/purchasing process
There are no rules for this, unlike public procurement, but the following guidelines are provided to help
to make the procurement process successful. Organizations should:
— know what services it wishes to procure and how it wishes them to be delivered ;
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— decide whether there is to be a formal tendering process or not ;
— ensure that there is a specification of service requirement for the bidder(s) ;
— once a preferred bidder has been selected agree a Service Level Agreement which will be the basis
for the relationship between the buyer and service deliverer during the duration of the contract ;
— agree the review process for service delivery during the contract ;
— ensure that there is a simple, clear set of contract conditions which include dispute resolution and
termination procedures.
4.6.3 Evaluation of proposals and award of the contract
Where multiple tenders are received these should be assessed according to how they correspond to the
way in which the buyer has defined the services and service delivery required and the cost of the
proposed delivery of services.
Where the contract is for a period of at least five years it is also important to take a long term view of
whole life costing of service delivery rather than only a short term view of up front costs.
Once this process has been completed contract negotiations may commence [WI 0447001].
5 Criteria for assessing a service provider's capacities
5.1 General
The purpose is to define the criteria that buyers can use to assess a provider's ability to provide a
specified service with a view to awarding contracts or implementing a specific system for prequalifying,
qualifying and shortlisting providers.
NOTE In public procurement this is referred to as eligibility.
The criteria and their levels of assessment should be proportional to the subject matter of the contract.
They can also be used by:
— organizations which provide list of prequalified, qualified or shortlisted service providers;
— organizations responsible for defining official lists of approved economic operators;
— organizations developing reference documents for prequalifying, qualifying, shortlisting and
approving providers.
5.2 Legal capacity criteria
5.2.1 Purpose
The objective of legal capacity criteria is to ensure that a provider's organization is legally incorporated,
to assess its ability to enter into contracts and to evaluate its capacity to pursue the professional activity
necessary to carry out the specific service(s) being provided.
As such, buyers should determine whether the provider:
— is incorporated in the companies register and/or a trade or professional register in its Member
State where applicable;
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— complies with the legal requirements within the jurisdiction in which it is operating, for example:
payment of social security contributions, taxes, etc.;
Buyers should also check whether it has been established by a final judgement that the provider - or its
de facto or de jure directors - is guilty of any of the following such as:
— participation in a criminal organization;
— corruption, collusion;
— fraud;
— terrorist-related offences or offences linked to terrorist activities;
— money laundering;
— any other disqualifying factors.
Buyers should also determine that the provider is not subject to insolvency or winding up procedures
and that its de facto or de jure directors are not disqualified or have not filed for personal bankruptcy.
5.2.2 Evidence
5.2.2.1 General
Providers may be requested to submit documents to demonstrate their ability to satisfy the criteria
relating to their capacity to carry out a relevant activity such as:
— official certificate or third party documentation issued within the last three months to confirm that
the provider's company has been legally incorporated;
— up-to-date certificate issued by the organization (in the Member State) responsible for collecting
social security contributions for salaried employees and self-employed persons;
— up-to-date certificate confirming that the provider is in compliance with its tax obligations;
— extract from the judicial record issued within the last three months for the director(s);
If a Member State or the country concerned does not issue some of the means of proof listed above, or
where such means of proof do not specify all the cases stipulated in Subclause 5.2.1, they may be
replaced by a declaration on oath or, in Member States where there is no provision for a declaration on
oath, by a solemn declaration made by the person concerned before a competent judicial or
administrative authority, a notary, or a competent professional or trade body in the Member State or
country of origin of the provider, or the Member State or country in which the provider is established.
5.2.2.2 Public procurement: self declaration
Any bidders in a public procurement process are required to fill out the European Single Procurement
Document (ESPD). This document is a self-declaration of financial status, abilities and suitability of the
bidder for a public procurement procedure.
The
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