Section 12. Early Procurement Activities. - For Goods to be delivered, Infrastructure Projects to be implemented, and Consulting Services to be rendered in the following fiscal year, Procuring Entities are authorized to undertake early procurement activities pending the approval of the funding thereof.

The conduct of early procurement activities shall be made only upon approval of the Indicative APP by the HoPE. 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.