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SpaceX and NASA defeat Blue Origin’s Starship Moon lander lawsuit

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While specific details of the decision are likely a few weeks away, the US Court of Federal Claims has denied an infamous Blue Origin lawsuit, upholding NASA’s decision to award SpaceX a contract to create a Starship-derived Moon lander.

The ruling ends almost seven months of delays explicitly caused by protests and lawsuits filed by competitors Dynetics and Blue Origin. Protests were first filed with the US Government Accountability Office (GAO) about a week after NASA announced in April 2021 that SpaceX would build the Human Landing System. Both protests were denied in July but Blue Origin ultimately chose to double down and filed a lawsuit against NASA and SpaceX in August, kicking off a process guaranteed to cause several more months of delays.

NASA’s decision to contract with SpaceX alone defied most expectations, especially when the space agency ultimately explained that SpaceX’s Starship proposal was half the price of the next best option while simultaneously offering better management and more convincing technical expertise. More importantly, rather than attempting to deliver the bare minimum specifications NASA requested from HLS bidders, SpaceX’s Starship Moon lander went above and beyond, enabling potentially revolutionary performance magnitudes better than Blue Origin or Dynetics’ offerings.

Based on their redacted GAO protests, both of which contained a litany of frivolous arguments and dubiously relevant and self-unaware jabs at SpaceX, Blue Origin and Dynetics were furious about their losses. Aside from one minor nitpick, GAO wholly denied both protests, at which point Blue Origin took the matter to federal court rather than slink home, tail between its legs. In the interim between protest filing and GAO’s decision, Blue Origin also repeatedly tried to go behind NASA’s back by having sympathetic members of Congress tack on amendments to unrelated bills that would have forced the space agency to select a second HLS lander without guaranteeing the additional funding needed to pay for it.

Blue Origin owner and former Amazon CEO Jeff Bezos even sent an unsolicited letter and proposal to NASA offering to pony up $2B of the ~$6B it requested to develop a NASA Moon lander. SpaceX, on the other hand, did what NASA’s HLS request for proposal (RFP) explicitly asked of bidders and proposed to pay half of its Starship lander development costs in its original proposal, while Blue Origin instead attempted to milk as much money from NASA as possible under the delusional premise that NASA would then negotiate for a cheaper deal (illegal under basic contracting rules).

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Later on, weeks into the lawsuit, redacted court filings revealed that Blue Origin had abandoned most of the arguments it put forth in its GAO protest and was instead leading with the claim that a few minor (but potentially valid) violations of contracting rules made by NASA and SpaceX in their limited post-award negotiations. It’s now clear that the presiding judge was far from convinced by that argument, instead ruling entirely in SpaceX and NASA’s favor and upholding the space agency’s HLS procurement process.

It remains to be seen if the judge was at all swayed by any of the several arguments Blue Origin threw at the wall, something that the court’s final redacted decision will hopefully clarify when it’s released around November 18th. In the meantime, it’s unclear when exactly NASA and SpaceX will be able to finally get back to work on HLS. Prior to the court’s decision, NASA’s voluntary stay of performance – preventing collaboration with SpaceX on its HLS contract – was scheduled to expire on November 8th.

The brief decisions can be read here (PDF) and here (PDF).

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 lands new partnership with Uber as Semi takes center stage

Tesla and Uber will work together, using the company’s all-electric Semi, to make sustainable Class 8 electric trucks more affordable with three main strategies: Subsidized Pricing, Predictable Growth, and Optimization of Utilization.

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Credit: Uber

The Tesla Semi has led to a new partnership between the company and Uber, as the two are launching a program that aims to revolutionize logistics by making sustainable commercial vehicles more accessible.

Uber announced on Tuesday that it was planning to launch the Dedicated EV Fleet Accelerator Program in a new partnership with Tesla. Uber’s Freight division is mainly responsible for the new program, which it calls a “first-of-its-kind buyer’s program designed to make electric freight more affordable and accessible by addressing key adoption barriers.”

Tesla and Uber will work together, using the company’s all-electric Semi, to make sustainable Class 8 electric trucks more affordable with three main strategies: Subsidized Pricing, Predictable Growth, and Optimization of Utilization.

  • Subsidized Price: Fleets purchasing Tesla Semis through this program will receive a subsidy on the purchase price.   
  • Predictable Growth: Fleets will integrate their Tesla Semis into Uber Freight’s dedicated solutions for shippers for a pre-determined period. This creates an opportunity for carriers to forecast revenue with confidence, while shippers gain consistent access to reliable, zero-emission capacity. 
  • Optimize Utilization: Uber Freight taps into its extensive freight network to match carriers with consistent, high-quality freight from our strong shipper base—helping ensure the addition of these Tesla Semis stay fully utilized and carriers see dedicated, real, measurable returns from the start

Tesla will work directly with interested companies to iron out technical details about the Semi, as well as its cost of ownership based on the tailored needs of their business. Fleets can expect savings on the first day, Uber says, as they will avoid diesel fuel costs and reduced maintenance, a widely known advantage of EVs.

Uber announced that it had partnered with select carriers to pilot the Dedicated EV Fleet Accelerator Program prior to its launch:

“During the 2-month pilot program, the Tesla Semis showcased both reliability and efficiency for Uber Freight’s shipper network. Over 394 hours of drive time, carriers covered 12,377 miles. With an average net energy consumption of just 1.72 kWh per mile and only 60 hours of total charge time, these results highlight the operational viability of Tesla Semis on demanding freight lanes. “

In its press release launching the program, Uber effectively highlights how the use of the Semi can impact a company’s margins and profitability through fuel savings, reduced maintenance costs, and lower total cost of ownership.

This is something that turns so many people away from gas cars and toward EVs, so it’s no surprise that Uber wanted to emphasize this point on a larger scale with a company that utilizes a fleet of vehicles.

Tesla Semi shows strong results in ArcBest’s real-world freight trial

Tesla has been experimenting with a select group of companies, as well. It partnered with PepsiCo. several years ago, in an effort to launch a pilot program for the Semi. It had excellent results, showing higher efficiency, lower costs, and an exceptional ability to handle long runs.

Drivers have had a lot of positive things to say:

Tesla Semi earns strong reviews from veteran truckers

The Semi will enter mass production next year, but we anticipate that some companies will commit to Uber’s new platform well before then.

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Energy

Tesla recalls Powerwall 2 units in Australia

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(Credit: nathanwoodgc /Instagram)

Tesla will recall Powerwall 2 units in Australia after a handful of property owners reported fires that caused “minor property damage.” The fires were attributed to cells used by Tesla in the Powerwall 2.

Tesla Powerwall is a battery storage unit that retains energy from solar panels and is used by homeowners and businesses to maintain power in the event of an outage. It also helps alleviate the need to rely on the grid, which can help stabilize power locally.

Powerwall owners can also enroll in the Virtual Power Plant (VPP) program, which allows them to sell energy back to the grid, helping to reduce energy bills. Tesla revealed last year that over 100,000 Powerwalls were participating in the program.

Tesla announces 100k Powerwalls are participating in Virtual Power Plants

The Australia Competition and Consumer Commission said in a filing that it received several reports from owners of fires that led to minor damage. The Australian government agency did not disclose the number of units impacted by the recall.

The issue is related to the cells, which Tesla sources from a third-party company.

Anyone whose Powerwall 2 unit is impacted by the recall will be notified through the Tesla app, the company said.

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Cybertruck

Tesla launches Cybertruck orders in a new market with a catch

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Credit: Tesla

Tesla is launching Cybertruck orders in a new market, but there’s a bit of a catch.

The Cybertruck was launched in the Middle East earlier this year, as Tesla launched the ability to place a reservation for the all-electric pickup in the United Arab Emirates. It would be the first market outside of North America that would have the ability to place an order for the Cybertruck.

Tesla confirms Cybertruck will make its way out of North America this year

Other markets where the vehicle has been widely requested, like Europe and Asia, have still not approved the vehicle to be sold to the public, mostly because of size and design restrictions.

However, in the UAE, Tesla is opening up the ability for those who placed reservations for the vehicle to finally put in their order. The Order Configurator is only available to those who have already placed a reservation; it is not yet available to the public.

Tesla said it would open up the public online configurator across the Middle East in the coming weeks:

The UAE is not the only country that will have access to the Cybertruck, as fans in other Middle Eastern countries will also be able to place orders soon. Tesla announced back in April that Saudi Arabia and Qatar would also have Cybertruck deliveries.

These vehicles will be built at Tesla’s Gigafactory Texas plant just outside of Austin, as Gigafactory Berlin and Gigafactory Shanghai, two factories located in the same hemisphere as the Middle East, do not have established lines for Cybertruck production.

As for the other markets, Tesla CEO Elon Musk has hinted that the company could develop a smaller Cybertruck for those markets, as he admitted that in the long term, it likely made sense to build a more compact version for regions where roads are traditionally tighter.

Elon Musk hints at smaller Tesla Cybertruck version down the road

There has been no evidence of Tesla developing this more compact version, but it could eventually happen.

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