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Blue Origin lawsuit forces SpaceX, NASA to stop joint work on Starship Moon lander

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Days after Jeff Bezos space startup Blue Origin sued NASA over its decision to solely award SpaceX a contract to turn Starship into a Moon lander, it’s become clear that the space agency will again have to freeze work on the program.

Earlier this week, it was reported that Blue Origin had made good on a veiled threat to sue NASA over disagreements over the space agency’s latest Human Landing System (HLS) procurement decisions. Namely, NASA decided not to proceed with Blue Origin’s National Team Moon lander proposal, which was twice as expensive as SpaceX’s Starship proposal, less technically sound, and promised significantly less cost-sharing.

SpaceX, on the other hand, proposed to turn Starship into a safe, crew-rated, reusable Moon lander for about the same cost as Blue Origin’s proposal price: $6 billion, give or take. However, NASA says that the company offered to pay for more than half of the Starship Moon lander’s development, lowering NASA’s actual cost to just $2.9 billion. Coincidentally or not, $2.9 billion – with some minor concessions on when that funding would be dispersed to the HLS winner – would end up being almost exactly what NASA could afford over the program’s four to five-year lifespan.

As previously discussed on Teslarati, NASA repeatedly and explicitly warned all three HLS Option A competitors (SpaceX, Blue Origin, and Dynetics) that it withheld the ability to award as many or as few contracts as it wanted – including none at all. Ultimately, exactly as it had cautioned, NASA weighed the three proposals it received against its existing budget (a middling $850M of $3.4B requested in FY21) and selected just one – a proposal from SpaceX that was conveniently both the cheapest and most technically sound.

“The fixed-price [Starship] contract will cost NASA $2.9B over four or so years – narrowly within the space agency’s reach if Congress continues to appropriate around $850M annually ($3.4B over four years). The numbers are very simple. As GAO notes [in its protest denial], the Broad Agency Announcement (BAA) tool NASA used for its HLS Option A acquisition also explicitly allowed the agency to select as many or as few proposals as it wants, including none at all. In the lead-up to proposal submission, official NASA documents repeatedly cautioned as much, warning that the agency might not even award one contract depending on funding or the quality of proposals it received.

For Blue Origin’s lawsuit to succeed, the increasingly desperate company will have to convince a federal judge that basic realities and longstanding precedents of federal procurement – not just NASA’s HLS award to SpaceX – are flawed and need to be changed. The odds of success are thus spectacularly low. However, if the presiding judge allows the case to proceed and awards Blue Origin an injunction against NASA, it could force the space agency to cease work on SpaceX’s HLS contract for months and potentially freeze SpaceX’s access to the $300M NASA recently disbursed.”


Teslarati.com — August 16th, 2021

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Unfortunately, just as speculated, Blue Origin’s lawsuit appears to have found just enough footing to disrupt the HLS program yet again. Thanks to the first protests of Blue Origin and Dynetics, NASA and SpaceX were forced to stop cooperative work on the Starship Moon lander for more than three months. Now, on August 19th, NASA reportedly “voluntarily paused” work on SpaceX’s HLS Moon lander contract and will continue to do so until November 1st – potentially adding another ~74 days to the 95-day delay Blue Origin’s meddling has already partially caused.

On its own, the announcement is already fairly bizarre. For unknown reasons, Blue Origin apparently agreed to “an expedited litigation schedule” in return for NASA voluntarily pausing work on SpaceX’s HLS contract. It’s unclear why any plaintiff that believes it has a strong case would allow an artificial limit to be placed on the amount of time available for litigation, but that’s exactly what Blue Origin has agreed to.

Per that “expedited schedule,” NASA’s voluntary work halt will end on November 1st after several scheduled rounds of motions and cross-motions from Blue Origin, SpaceX, and the space agency. It’s unclear when a ruling might be expected but the schedule published seems to imply that it would come sometime before NASA and SpaceX resume work.

It’s now increasingly likely that being forced to spend more than five months without the ability to seriously work or collaborate with SpaceX on its HLS contract will significantly delay NASA’s necessary contributions and thus humanity’s return to the Moon. Thankfully, as was the case with the initial 95-day delay caused by contract protests, no part of Blue Origin’s lawsuit will prevent SpaceX itself from continuing to develop Starship, though it almost certainly hampers the company’s ability to mature its Starship Moon lander design.

In the meantime, while Blue Origin busies itself with a general determination to disrupt NASA’s return to the Moon until it receives a slice of the pie its executives and owner feel entitled to, SpaceX will simply continue a full-court press towards Starship’s orbital launch debut and focus on building, testing, flying, and rebuilding the hardware that will return humanity to the Moon and, just maybe, revolutionize spaceflight as we know it.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla says it denied Musk CEO replacement report before it was published

Tesla says it responded to the WSJ’s request for comment, denying that it was in search of a new CEO to replace Elon Musk.

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(Credit: Tesla)

Tesla said that it denied seeking a replacement for CEO Elon Musk before a report was published claiming the company was considering a new frontman.

Last night, The Wall Street Journal reported that Tesla’s Board of Directors was looking for Musk’s replacement after he had devoted too much time to his role within the government. The publication revised its headline to the report no fewer than five times, initially stating the company was still seeking a replacement.

By the time the headline revisions were complete, it had outlined that Tesla had looked for a replacement a month ago, but had stopped its search following Musk’s commitment to Tesla during the company’s earnings call last month.

Shortly after the report surfaced, Board of Directors chairwoman Robyn Denholm officially issued a statement on behalf of Tesla:

“Earlier today, there was a media report erroneously claiming that the Tesla Board had contacted recruitment firms to initiate a CEO search at the company. This is absolutely false (and this was communicated to the media before the report was published). The CEO of Tesla is Elon Musk and the Board is highly confident in his ability to continue executing on the exciting growth plan ahead.  – Robyn Denholm.”

Tesla Board Chair slams Wall Street Journal over alleged CEO search report

Interestingly, Denholm’s statement indicates it had responded to a request for comment from the Wall Street Journal before the report was published. This is especially interesting because Tesla does not typically respond to media outreach, as it dissolved its media department several years ago.

Tesla typically makes its statements publicly on X.

Musk also responded to the report, indicating that the WSJ had committed an “extremely bad breach of ethics” by publishing a “deliberately false article” that did not include Tesla’s “unequivocal denial beforehand.”

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Robotaxis are already making roads safer, Waymo report reveals

Waymo Driver is already reducing severe crashes and enhancing the safety of vulnerable road users.

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Waymo hires former Tesla Executive 
(Credit: Waymo)

Industry leaders such as Elon Musk have always maintained that autonomous robotaxis will make roads safer. A recent blog post from Waymo about the safety of its self-driving cars suggests that Musk’s sentiments are on point.

Way More Safety

Waymo Driver is already reducing severe crashes and enhancing the safety of vulnerable road users. As per a new research paper set for publication in the Traffic Injury Prevention Journal, Waymo Driver had outperformed human drivers in safety, particularly for vulnerable road users (VRUs).

Over 56.7 million miles, compared to human drivers, Waymo Driver achieved a 92% reduction in pedestrian injury crashes. It also saw 82% fewer crashes with injuries with cyclists and 82% fewer crashes with injuries with motorcyclists. Waymo Driver also slashed injury-involving intersection crashes by 96%, which are a leading cause of severe road harm for human drivers. Waymo Driver saw 85% fewer crashes with suspected serious or worse injuries as well.

What They Are Saying

Mauricio Peña, Waymo’s Chief Safety Officer, was optimistic about Waymo Driver’s results so far. “It’s exciting to see the real positive impact that Waymo is making on the streets of America as we continue to expand. This research reinforces the growing evidence that the Waymo Driver is playing a crucial role in reducing serious crashes and protecting all road users,” the Chief Safety Officer noted.

Jonathan Adkins, Chief Executive Officer at Governors Highway Safety Association, also noted that Waymo’s results are very encouraging. “It’s encouraging to see real-world data showing Waymo outperforming human drivers when it comes to safety. Fewer crashes and fewer injuries — especially for people walking and biking — is exactly the kind of progress we want to see from autonomous vehicles,” Adkins stated.

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Tesla hints at June 1 launch of Robotaxi platform in Austin

Tesla has hinted at a potential launch date for the Robotaxi service in Austin, Texas.

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tesla robotaxi app on phone
Credit: Tesla

Tesla just dropped its biggest hint yet about the potential launch date of its Robotaxi ride-hailing platform in Austin, Texas, shedding more light on when to expect it to take off.

In preparation for the ride-hailing service to launch, Tesla has been in talks with the City of Austin for months. It has also spent recent months bolstering its Full Self-Driving suite, aiming for it to handle initially supervised rides with the use of teleoperators to keep things safe and dependable, at least early on.

The company has also said that it expects the Robotaxi service, which will drive passengers in Tesla Model Y vehicles to start, to launch in Austin in June. However, Tesla has not given an exact date.

Now, Tesla is hinting that Robotaxi could launch on June 1, based on a very vague X post it published on May 1:

Of course, this is extremely speculative. However, it’s the first time Tesla has made any suggestions about a potential launch date, so it’s worth taking it seriously.

While the automaker has often missed timelines in the past, most notably the launch of a “feature-complete” Full Self-Driving platform, this is the first time we’ve seen Tesla be so adamant and truly reiterate a target date.

Tesla has not shied away from this June date for the Robotaxi launch yet, something that is worth noting as we move closer to June. All signs point toward Tesla being able to come through on this timeline, and it could be one of its biggest accomplishments yet on the grand scheme of things. The Robotaxi rollout will be controlled and small to start, the company noted on its most recent Earnings Call.

CEO Elon Musk said:

“The team and I are laser-focused on bringing robotaxi to Austin in June. Unsupervised autonomy will first be solved for the Model Y in Austin.”

At first, it also seems as if the first Robotaxi rides will be available to a select group, as Musk said the ability to order one will not be available to the general public until later in the month. He also said the initial fleet will be between 10 and 20 vehicles:

“Yeah. We’re still debating the exact number to start off on day one, but it’s, like, I don’t know, maybe 10 or 20 vehicles on day one. And watch it carefully. They scale it up rapidly after that. So, we want to make sure that you’re paying very close attention the first time this happens. But, yeah, you will be able to — end of end of June or July, just go to Austin and order a Tesla for autonomous drive.”

While the June 1st date of the Robotaxi launch is extremely speculative, Tesla seems convinced that its vehicles could already handle this task. It would be something to see them come through on this date, especially on the first day of the month.

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