ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of--

Enola Contracting Services, Inc. 

Under Contract No. W91247-l 1-D-0007 

APPEARANCE FOR THE APPELLANT: 

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APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 59526 

Mr. Allen Clark 

President 

Raymond M. Saunders, Esq. 

Army Chief Trial Attorney 

MAJ Jamal A. Rhinehardt, JA 

Trial Attorney 

OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON APPELLANT'S 

MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS 

INTRODUCTION 

The Department of the Army (government) contracted with appellant, Enola 

Contracting Services, Inc. (Enola), including for the maintenance and repair of real 

property at Army installations in Georgia. The government terminated a number of 

task orders issued pursuant to the contract, and Enola appealed. Enola contends that 

the government's complaint1 in this appeal does not state facts sufficient to constitute a 

cause of action against Enola with respect to six of the terminated task orders, and 

requests judgment on the pleadings in its favor with respect to those six task orders.2 

We deny the motion. 

DECISION 

Enola's motion for partial judgment on the pleadings requests judgment that the 

termination of Task Order Nos. 0139, 0164, 0165, 0166, 0167, and 0173 was 

wrongful. In reviewing a motion for judgment on the pleadings, we must presume that 

the facts are as alleged in the complaint, and make all reasonable inferences in favor of 

the complainant. See Kolin Construction, Tourism, Industry and Trading Co., ASBCA 

1 As a termination for cause is a government claim, the government filed the 

complaint. 

2 Appellant's motion for partial judgment on the pleadings was filed by and briefed by 

counsel. Counsel withdrew on 24 April 2015 and advised the Board to 

communicate with Mr. Allen Clark. 
Nos. 56941, 57066, 11-1BCA~34,670 at 170,796. To state a claim, the complaint 

must allege facts plausibly suggesting a showing of entitlement to relief. Id. The 

factual allegations must be enough to raise a right to relief above the speculative level. 

Id. This does not require the complainant to set out in detail the facts upon which the 

claim is based, but enough facts to state a claim to relief that is plausible on its face. 

Id. 

The government contends that Enola anticipatorily repudiated Task Order 

Nos. 0139, 0164, 0165, 0166, 0167, and 0173, justifying their termination for default. 

The government may terminate a contract when the contractor has anticipatorily 

repudiated the contract. Scott Aviation, ASBCA No. 40776, 91-3 BCA ~ 24,123 at 

120, 726. To demonstrate anticipatory repudiation, the government must prove that the 

contractor manifested to it a definite and unequivocal intention not to render the 

required performance. Id. 

Here, as the complaint alleges, we presume (without finding) the following. On 

25 March 2011, the government entered into an indefinite delivery, indefinite quantity 

contract with Enola, including for maintenance and repair of real property at 

Fort Stewart and Hunter Army Airfield, in Georgia (compl. ~ 11). Among the task 

orders the government issued pursuant to the contract were Task Order Nos. 0139, 

0164, 0165, 0166, 0167, and 0173 (id.~ 7). Enola failed to proceed with the work in 

accordance with the contracting officer's direction, failed to give adequate assurance 

that projects would be timely completed, expressed through words and conduct the 

intention not to complete the work on time, and specifically stated that it would "not 

be coming back to any of the jobsites and doing anymore [sic] work" (id.~ 40). On 

10 June 2014, the government issued Modification No. P00003, terminating for default 

16 task orders, including Task Order Nos. 0139, 0164, 0165, 0166, 0167, and 0173 (id. 

~ 33). 

Based upon the foregoing, we agree with the government that the complaint 

states a claim for relief, above the speculative level, that Enola anticipatorily 

repudiated Task Order Nos. 0139, 0164, 0165, 0166, 0167, and 0173, justifying their 

termination for default. Specifically, the allegation that Enola stated that it would not 

be coming back to any of the jobsites or be doing any more work, which we must 

presume to be true in reviewing Enola's motion, manifested a definite and unequivocal 

intention not to render required performance. It is not dispositive that, as Enola points 

out (app. mot. at 4), the complaint does not allege task-order specific facts concerning 

the performance of Task Order Nos. 0139, 0164, 0165, 0166, 0167, or 0173. (Indeed, 

although the complaint quotes documents that address the performance of specific task 

orders (comp I. ~~ 12-26), the complaint itself alleges task-order specific facts 

regarding the performance of only Task Order Nos. 0145, 0159, and 0160 (id.~~ 22, 

24, 25)). Consistent with the standard of review of a motion for judgment on the 

pleadings, we draw the reasonable inference that when Enola stated that it would not 

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be returning to any of the jobsites or be doing any more work (id.~ 40), it meant that 

with respect to all of the task orders referenced in the complaint, including Task Order 

Nos. 0139, 0164, 0165, 0166, 0167, and 0173. Of course, we have not found any facts 

concerning the performance of any of the task orders at issue in the appeal; that is for 

another day. 

CONCLUSION 

For these reasons, the motion for partial judgment on the pleadings is denied. 

Dated: 8 July 2015 

I concur 

Administrative Judge 

Acting Chairman 

Armed Services Board 

of Contract Appeals 

TIMOTHYP. 

Administrative ud e 

Armed Services Board 

of Contract Appeals 

I concur 

RICHARD SHACKLEFORD 

Administrative Judge 

Vice Chairman 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Opinion and Decision of the 

Armed Services Board of Contract Appeals in ASBCA No. 59526, Appeal of Enola 

Contracting Services, Inc., rendered in conformance with the Board's Charter. 

Dated: 

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JEFFREY D. GARDIN 

R.ecorder, Armed Services 

Board of Contract Appeals