Which Party specifies the KPIs?

Which Party specifies the KPIs?

Either Party can specify the KPIs. The Employer can specify a detailed Incentive Schedule in the tender Contract Data or, in the instructions to tenderers, he can set out the important business and project specific objectives and invite the tenderers to propose KPIs. Such proposals can then be included in the Employer’s tender appraisal. If this is the case, the Employer and successful tenderer should agree the Incentive Schedule before the Contract Date.