270.0 VIII-3.20- PROCEDURES RELATING TO REVIEW BY ATTORNEY GENERAL'S OFFICE
  OF CONTRACTUAL AGREEMENTS OF THE UNIVERSITY SYSTEM AND INVOLVEMENT IN
 
                      FINANCING, REAL ESTATE, AND RELATED CAPITAL
                      PROJECTS
 
  Issued by the Chancellor, July 16, 1990
 
      1.   Review of Contractual Agreements
 
           Any proposed contractual agreement should be submitted
           in a timely manner for review to an attorney designated
           by the Attorney General.  It is the responsibility of
           administrators in the University of Maryland System to
           obtain a written statement of legal sufficiency for any
           contractual agreement before it is signed by the
           appropriate University System officer.
 
           If an attorney in the Office of the Attorney General has
           approved a contract form for form and legal sufficiency,
           approval of a particular contract is not required,
           provided the approved contract form is utilized without
           substantive modification or alteration.
 
      2.   Financing, Real Estate, and Related Capital Projects
 
           The Attorney General's Office should be promptly
           contacted whenever a financing, real estate, or capital
           project emerges at the conceptual stage.  An initial
           meeting will be convened involving the appropriate
           representatives of the Attorney General's Office, the
           institution or center, and System Administration (if
           appropriate).
 
           At the initial meeting, a mixture of policy and legal
           issues will be examined, including:  the application of
           State regulatory procedures (e.g. "lease-leaseback"
           rules); whether approvals are required from the
           Department of General Services, the Board of Public
           Works and the Board of Regents; the implications of
           using institution-affiliated third parties (e.g.
           foundations); and the use of contractually-retained bond
           counsel.
 
           As the proposed project takes shape, a working group
           will be formed and a suitable timetable will be
           established.  Also, the Attorney General's Office will
           determine, based upon the nature and complexity of the
           project, the dimension of its involvement in the
           transaction and necessary negotiations.  The above
           protocol is designed to protect the University System
           and the State interests in financing, real estate, and
           capital construction transactions.  Thus, approval of
           documents by the Attorney General's Office for form and
           legal sufficiency may be predicated on adherence to this
           protocol.
 
 
      Replacement for: BOR VI-37.10 and VI-37.20