1. (a) The executive director may directly award a contract for scientific and technical environmental services to a person if:

   1. (1) the contract is for the performance of services related to the remediation of a site that has been placed in the state-lead program under Section 26.3573(r-1);
   2. (2) the person has registered to perform corrective action under Section 26.364;
   3. (3) the person is eligible to receive a contract award from the state;
   4. (4) the person was performing related work at the site on or before July 1, 2011; and
   5. (5) the contract includes all contract provisions required for state contracts.

2. (b) Notwithstanding Section 2254.004, Government Code, the executive director may directly award a contract for engineering services to a person if:

   1. (1) the contract is for the performance of services related to the remediation of a site that has been placed in the state-lead program under Section 26.3573(r-1);
   2. (2) the person is licensed under Chapter 1001, Occupations Code;
   3. (3) the person has registered to perform corrective action under Section 26.364;
   4. (4) the person is eligible to receive a contract award from the state;
   5. (5) the person was performing related work at the site on or before July 1, 2011; and
   6. (6) the contract includes all contract provisions required for state contracts.
3. (c) Nothing in Subsection (a) or (b) requires the executive director to make an award at a site or prevents the executive director from negotiating additional contract terms, including qualifications.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.06, eff. September 1, 2011.