Whether the duty of good faith and fair dealing implied in all contracts, including contracts between private parties and the United States, permits a finding of breach of the duty when bad faith conduct by the United States violates the purpose of a contract regardless of whether the bad faith conduct is also 'tethered' to a specific contract provision

QUESTIONS PRESENTED (1) Whether the duty of good faith and fair dealing implied in all contracts, including contracts between private parties and the United States, permits a finding of breach of the duty when bad faith conduct by the United States violates the purpose of a contract regardless of whether the bad faith conduct is also “tethered” to a specific contract provision, a question about which panels within the Federal Circuit have disagreed frequently. (2) Whether agreements for the safety of federal undercover agents are protected by a duty of good faith and fair dealing that is not restricted to the express terms of the contract, a question which has divided courts within the Federal Circuit. (i)