A private control tower ATC, trained and certified by the FAA, fell asleep and caused an airplane to crash and suffer major damages. The plane's owners sue the FAA and the employee. As the FAA attorney, you tell the court to dismiss the suit since the suit can't be filed against the federal government. What is the basis for your argument to the court?

Group of answer choices

A. The theory of vicarious liability does not apply to this situation and only the employee is liable

B. The suit falls under the "discretionary function" rule and the agency is not liable

C. The FTCA does not apply to an intentional tort situation

D. An alleged act of negligence can't be used in a government contract matter