Implied-In-Fact Contract Not Breached by Rational Evaluation; COFC No. 15-719C, Tender Years Learning Corp. v. United States

Government’s cross-motion for summary judgment is granted, where the Court of Federal Claims found the agency fairly considered the protester’s bid for a grant funding opportunity and had a reasonable basis for its concerns about the protester’s ability to perform, and therefore did not breach its implied-in-fact contract to fairly and honestly consider the bid.