With no explanation, chose the best option from "A", "B", "C" or "D". and Bent Tree projects. On March 24, 1989, IFIC’s counsel wrote a letter to USPS requesting information regarding all settlements. USPS responded on April 17, 1989 stating that “the settlement of Rodeo cases are incomplete.” IFIC alleges that this shows bad faith. IFIC also charges USPS with not negotiating in good faith because one official was negotiating for the release of Muldrow funds while another was preparing to set off the reprocurement costs against the balance. The Court of Claims held in Commerce International Co. v. United States, 167 Ct.Cl. 529, 536, 338 F.2d 81, 85 (1964), that the duty of the government to carry out its bargain reasonably and in good faith was implicit in all government contracts. See also Malone v. United States, 849 F.2d 1441, 1445-46 (Fed.Cir.1988) (<HOLDING>); RESTATEMENT (SECOND) OF CONTRACTS § 205

A: holding that where the conduct forming the basis of the plaintiffs breach of duty of good faith and fair dealing claim is the same conduct forming the basis for the breach of contract claim the claims merge and there is no separate cause of action for breach of duty of good faith and fair dealing
B: holding that the governments breach of its duty of good faith and fair dealing justified relieving the contractor of a default termination
C: holding that the duty of good faith and fair dealing is a contractual duty
D: holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations
B.