Direct negotiation shall be resorted to when there is only one complying bidder left as defined hereunder:
a. If after advertisement, only one project proponent submits Bids that are subsequently found by the PBAC to be complying.
b. If after advertisement, more than one project proponents submit Bids but only one is found by the PBAC to be complying. In such events however, any disqualified bidder may appeal the decision of the PBAC to the Local Chief Executive's Office within 15 working days from receipt of the notice of disqualification. The Local Chief Executive shall act on the appeal within 45 days from receipt thereof. The decision of the Local Chief Executive shall be final and executory.