judicial review because it mandates an administrative dispute process. DISCUSSION A complaint fails to state a claim upon which relief may be granted when the facts asserted do not entitle plaintiff to a legal remedy. Perez v. United States, 156 F.3d 1366, 1370 (Fed.Cir.1998). See also Bell Atlantic Corp. v. Twombly, 550 U.S. 544,-, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007) (stating that “[fjactual allegations must be enough to raise a right to relief above the speculative level ... on the assumption that all the allegations in the complaint are true (even if doubtful in fact)”). Defendant contends that plaintiff fails to state a claim because the settlement agreement does not provide money damages for its breach. See Ransom v. United States, 900 F.2d 242, 244 (Fed.Cir.1990) (<HOLDING>); Phillips v. United States, 77 Fed.Cl. 513,
holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages