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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).

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.

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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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Elon Musk

SpaceX scores another massive Pentagon deal to support military satellites

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SpaceX just picked up another $1.6 billion from the Pentagon, with the U.S. Space Force awarding two task orders worth $1.6 billion to fly 18 Falcon 9 missions from Vandenberg Space Force Base in California through the end of 2027. The launches will carry satellites for the Space Based Sensing and Targeting portfolio, a set of programs meant to help the military detect and track airborne threats and relay that information across forces in near real time.

The award falls under National Security Space Launch Phase 3 Lane 1, the Space Force’s faster, commercial style procurement track for missions that do not require the military’s most demanding certification process. It is also the largest single order publicly disclosed under that program so far, and the first task order issued since the Space Force nearly tripled Lane 1’s contract ceiling from $5.6 billion to $17 billion on July 17.

SpaceX to become America’s Military data backbone for missiles, drones, and warfighters

Eric Zarybnisky, the Space Force’s acting portfolio acquisition executive for space access, said the entire process, from identifying the requirement to signing the contract, took about two months, including a month set aside for companies to prepare proposals.

SpaceX is not just launching these satellites. It already holds the contracts to build two of the programs within the same portfolio, $4.16 billion for the Space Based Airborne Moving Target Indicator system and $2.29 billion for the Space Data Network Backbone, which Teslarati covered in May. That means SpaceX is now responsible for both building key pieces of the military’s next generation sensing network and getting them into orbit.

With this latest award, SpaceX’s Pentagon contract total for 2026 alone tops $8 billion, adding to a defense portfolio that already includes the Golden Dome missile defense software group SpaceX joined in April and a string of GPS launches it inherited after ULA’s Vulcan rocket ran into a booster anomaly, which we detailed in March.

Lane 1’s vendor pool technically includes seven companies: SpaceX, ULA, Blue Origin, Rocket Lab, Stoke Space, Impulse Space, and Relativity Space. In practice, SpaceX remains the only provider with the combination of launch cadence, flight proven Falcon 9 hardware, and West Coast infrastructure to support a campaign requiring roughly one Vandenberg launch a month for the next year and a half.

Some lawmakers have flagged the growing concentration of national security launches with one company as a risk worth watching. For now, the Space Force keeps backing SpaceX, with it being the company that shows up ready to launch.

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Elon Musk

Elon Musk sheds two new bits of detail on Starship after 13th test launch

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Credit: SpaceX

Elon Musk shed two new bits of detail on Starship following its 13th test launch, which was an overwhelming success.

SpaceX launched Starship for the 13th time last Friday after two delays: one on Monday when several Raptor engines did not ignite, and another on Thursday due to unfavorable weather conditions in Starbase, Texas.

The launch was overwhelmingly successful. SpaceX was able to complete a necessary test of the heat shield tiles by increasing the acceleration of Starship from launch throughout the flight; 20 Starlink v3 satellites were released with no issue; the Super Heavy Booster landed safely in the Gulf of America, Ship successfully reignited engines while in space; and it also splashed down without incident in the Indian Ocean.

SpaceX Starship just nailed something it’s never done before

Nevertheless, more details are coming out about Starship, and Musk is doing the talking.

Starship Will Be Retrieved in the Ocean

Musk revealed on Tuesday night that Starship would be recovered by a ship in the Indian Ocean. SpaceX routinely tries to recover Starship after splashdown in an effort to find out more about the flight by examining the spacecraft afterward.

This helps engineers find out more about why things might have happened, allows them to examine any potential damage or anomalies that might have occurred, and increases the chances of an even more successful flight next time thanks to the additional information recovered.

Ship Could Have Been Caught by Tower Arms, Musk claims

Musk has already indicated that SpaceX will plan to attempt a catch of Starship with the 14th test flight. While this would be a major accomplishment, it would be an expected next step, considering the fact that the Super Heavy Booster has already been caught by the chopsticks on numerous occasions.

A ship catch would be a great indication of where SpaceX stands in terms of reusability and launch cadence. A successful catch with relatively no incidents would be a good sign that SpaceX is nearing a more frequent launch of Starship, but also that the reusability of the massive rocket would be something many would expect in the near future.

It is a necessity to make life multiplanetary.

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Elon Musk updates the SpaceX timeline for Mars

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Rendering of a colonized Mars by way of SpaceX
Rendering of a colonized Mars by way of SpaceX

Elon Musk has updated his timeline for when humans will walk on Mars and for when ships will simply get there.

The objective of getting to Mars has been one of Musk’s biggest goals since becoming a serial entrepreneur and realizing that time on Earth is limited. Musk has said several times he hopes to die on Mars, and not by impact.

Musk now believes that people will be on Mars in “roughly 5 to 7 years.” He said that a Mars lander will get there “a few years sooner.”

The response from Musk comes after NASA Administrator Jared Isaacman said that SpaceX’s biggest priority is the Moon and not Mars. Because of this, Isaacman conceded that he believes nuclear power and propulsion investments will provide “potentially the pathway with the fewest miracles required to put four people on Mars in the next 10 to 15 years.”

Of course, this is what NASA can do through taxpayer funding and nuclear investments, he added.

Musk’s grand ambitions are much more optimistic than most, and it is certainly a double-edged sword. This is not the first time timelines for Mars have been somewhat lofty, especially to those normal thinkers like you and me, not super geniuses like Musk.

SpaceX Board has set a Mars bonus for Elon Musk

In fact, the SpaceX and Tesla frontman has said on at least a dozen occasions that we could be on Mars in the coming years. Musk said 2020 would be the big year as early as 2009. In 2020, he was “highly confident” of a landing in 2026, and had even said 2024 in a best-case scenario.

The point is, the range has varied, and it’s anyone’s guess when we’ll get there. This latest adjustment to the timeline is typical of Musk, and while the Moon has seemingly taken priority over Mars, it is still worth mentioning that the ultimate goal is to make life multiplanetary, and it starts potentially with the Red Planet.

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