Frank Murray, Jr. is senior counsel with Foley & Lardner LLP where he focuses his practice on issues related to government procurement. Mr. Murray advises government contractors and commercial clients seeking to do business with the federal government on wide-ranging procurement law issues, including both pre-award and post-award bid protests, Buy American and related domestic preference and sourcing issues, supply chain management, data rights and intellectual property issues, false claims, defective pricing, organizational conflicts of interest ("OCIs"), contractor claims, contract administration issues, debarment/suspension, commercial item procurements, contractor codes of business ethics and conduct, small business subcontracting, small business set aside issues and protests of small business size status, and cost accounting matters. He has been particularly active in matters concerning U.S. domestic content laws, such as the Buy American Act, the Federal Transit Administration’s "Buy America" Regulations, the Berry Amendment, the Trade Agreements Act, and "Buy American" provisions in the American Recovery and Reinvestment Act of 2009.
Mr. Murray has drafted and negotiated government contracts and subcontracts for clients, including the negotiation of two sole-source multi-year contracts with the Department of Defense worth a combined total of approximately $50 million.
In his role as counselor to clients on government procurement issues, Mr. Murray has also conducted internal investigations for various clients to assess contract and statutory compliance issues and make recommendations regarding appropriate corrective action. These internal investigations have encompassed issues under the Truth In Negotiations Act ("TINA"), False Claims Act, and Trade Agreements Act/Buy American Act. He has also assisted clients by reviewing their contract administration practices and providing advice regarding process improvements and internal compliance systems. Mr. Murray has also developed training materials for clients on contract compliance issues, particularly with respect to supply chain management/domestic content requirements and contractor codes of business ethics and conduct, and has provided in-person or remote training to client personnel on government procurement issues.
Mr. Murray has represented clients in state and federal courts, before administrative agencies, and in alternative dispute resolution proceedings. He also has substantial experience in construction law, and has represented contractors, subcontractors, and sureties in all aspects of public and private construction projects. Mr. Murray is a member of the firm’s Government & Public Policy and Business Litigation & Dispute Resolution Practices as well as the Automotive Industry Team.
Prior to joining Foley, Mr. Murray served for over four years in the Judge Advocate General’s Department of the United States Air Force. In this role, he was lead prosecutor in several felony cases and administrative hearings. In addition to his prosecution work, he reviewed government contracts between the Air Force and private corporations and advised Air Force contracting officers on legal issues regarding such contracts. During his deployment in Kuwait for the Air Force in 2001, Mr. Murray served as sole legal advisor to a detachment of over 1,100 U.S. military members, which was then the Air Force’s most forward-deployed base located only 39 miles from Iraq.
Mr. Murray is a graduate of the University of Virginia School of Law (J.D., 1995), where he served on the editorial board for the Virginia Environmental Law Journal. He received his Bachelor of Arts degree in English from Yale University (magna cum laude, 1992).
Mr. Murray is admitted to practice in Virginia, the District of Columbia and Florida. He is also admitted to practice before the U.S. Court of Appeals for the First and Fourth Circuits, the U.S. Court of Federal Claims, and the U.S. District Courts for the Eastern District of Virginia, the District of Columbia, and the District of Maryland.