The conduct of the Early Procurement Activities (EPA) under GPPB Resolution No. 14-2019 dated 17 July 2019 was institutionalized in the New Government Procurement Act (NGPA) or Republic Act No. 12009. The NGPA considers the EPA as one of its procurement strategy to facilitate the immediate implementation of projects and timely delivery of public service.
Section 12 of the NGPA authorizes the Procuring Entities to commence early procurement activities for goods, infrastructure projects, and consulting services before the enactment of the general appropriations. Similar to the requirements of Republic Act No. 9184, the conduct of early procurement activities shall be made only upon approval of the Indicative APP by the HoPE and no award of contract shall be made until the approval and effectivity of the appropriate funding.
In case of projects requiring acquisition of right-of-way, no award of contract shall likewise be made until an authority or permit to enter is issued by the property owner; or a notarized deed of sale or deed of donation is executed in favor of the government; or a writ of possession is issued by a court of competent jurisdiction, as the case may be.
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