PBI (
performance‑based incentives) are contractual rewards paid to a
contractor or supplier for achieving agreed performance goals. In practice, they align payment with outcomes such as meeting KPIs, SLAs, targets or milestones, often set at the start of a
financial year or contract phase to drive delivery.
PBI is a descriptive contracting term rather than one defined by legislation or case law, and usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, including in outsourcing, construction, facilities management and IT, and in public sector procurements.
Key legal features typically include:
- Clearly defined, measurable objectives, baselines and evidence requirements.
- A calculation method (for example, fee uplift, bonus or gainshare), with thresholds, weightings, caps/floors and payment timing.
- Verification, audit and reporting rights, and governance arrangements.
- Change control to reset targets where scope or assumptions change, and relief for customer dependencies or force majeure.
- Clawback or set‑off for misreporting or later performance failures.
- Express interaction with service credits and damages to avoid double counting and to confirm that PBI do not limit other contractual remedies unless stated.
Public bodies commonly add transparency and value‑for‑money controls to ensure PBIs remain proportionate and objectively justifiable.