RISK MANAGEMENT IN BIDDING PROCESSES: ENSURING LEGAL SECURITY IN MEGAPROJECTS

Abstract

This paper presents a bibliographic review on risk management in procurement processes for megaprojects, examining technical and contractual instruments that enhance legal certainty and execution continuity, the analysis focuses on risk matrices, allocation and economic-financial rebalancing clauses, tiered guarantees, contingency plans and alternative dispute resolution mechanisms, the synthesis of evidence yields recommendations for drafting tenders and contract models that integrate governance, compliance and financial mitigation tools, it also emphasizes institutional capacity building, due diligence at the qualification stage and the establishment of technical panels for continuous monitoring, the final propositions advocate adaptive standardization of clause templates, periodic updating of models and the implementation of organizational feedback loops that incorporate lessons learned, aiming to reduce litigation, increase legal predictability and strengthen project resilience against exogenous shocks.