News
SpaceX’s NASA Starship contract safe for now as Blue Origin looks to Congress
Fresh off of a major contract loss during a competition to build NASA’s next crewed Moon lander, Blue Origin has begun aggressively lobbying Congress for the contract NASA didn’t give it.
Thankfully, albeit not at first, a modification has been made to an amendment first proposed by a Senator that has long pursued favorable treatment of Blue Origin that will prevent that legislation – if it passes – from unfairly interrupting the $2.9 billion contract NASA already awarded SpaceX. Announced on April 16th, that award came as a shock, effectively cementing SpaceX’s lunar Starship as both the cheapest and most technically sound proposal to return humanity to the Moon.
As such, although NASA made it clear that it would have selected two of the three competing proposals in a perfect scenario, Congress allocated just a quarter of the Human Landing System (HLS) funding NASA requested, forcing the agency between a rock and a hard place.
NASA repeatedly stated as much both before and after the decision was announced, effectively implying that the agency had learned its lesson with the Commercial Crew Program, in which it had selected two redundant providers – Boeing and SpaceX – only for Congress to systematically underfund the program for years. As a direct result of years of underfunding during an early and formative period, both providers suffered at least 2-3 years of delays, followed by another few years of more organic delays as development matured and new challenges were unsurprisingly uncovered.
Politically, NASA could never say that – effectively biting the hand that (under)feeds – out loud, but it was strongly implied in an official HLS source selection statement released to partially explain why it had chosen SpaceX and SpaceX alone. Almost instantly, both losing competitors – Blue Origin and Dynetics – filed protests with the US Government Accountability Office (GAO) filled with far more bizarre, rambling tangents than coherent legal arguments.
Unless GAO operates on a different standard than the court of law or uncovers something nefarious behind closed doors, a close reading of both partially redacted protests does not bode well for either document’s ability to sway the office’s opinion. Almost as if Blue Origin itself is aware of just how frivolous its protest really is, the company – seemingly backed by partners Northrop Grumman, Lockheed Martin, and Leidos – wasted no time lobbying Senator Maria Cantwell for an alternate avenue to get what it wants and the government money founder Jeff Bezos feels entitled to.
Cantwell represents Washington State, where both Amazon and Blue Origin are headquartered, and has frequently spoken out in support of – or personally introduced – legislation that would specifically favor Bezos’ space company. On May 12th, Cantwell introduced an amendment that would purportedly “maintain competitiveness” by forcing NASA to select a second HLS winner in addition to SpaceX. Without irony, the authorization bill also demanded that NASA make that decision within a mere 30 days.
Under those conditions, Congress would authorize $10 billion for NASA to develop and demonstrate two landers with an uncrewed and crewed Moon landing each – the original plan. Insultingly, Cantwell tacked that amendment onto an authorization bill, meaning that even if Congress were to pass the bill and the President were to sign it into law, Congress would still have to actually allocate that $10 billion in the form of a more than 10% boost to NASA’s annual budget. Historically, even if Congress were to defy all recent precedent and significantly boost NASA’s 2022 budget, there is no guarantee that that raise would be upheld for four or more years, which it would need to be for the authorization bill to be anything more than a hollow promise.
More recently, a clause was thankfully added clarifying that NASA is not allowed to “modify, terminate, or rescind” SpaceX’s HLS contract to comply with the amendment. Additionally, while still amounting to a legal gun to NASA’s head to force it to into a contract it knows it cant afford, the modification gives NASA 60 days to award a second lander contract. Based on the agency’s own selection statement, Blue Origin’s National Team would almost certainly be the recipient in the event that the bill becomes law, forcing NASA to commit more than $9 billion – instead of $2.9 billion – to the next stage of HLS development with no guarantee that its budget will be raised accordingly.
In the meantime, GAO still has to complete its reviews of Blue Origin and Dynetic’s protests and the White House has to submit its FY2022 budget request and consider adding NASA funding to its proposed jobs and infrastructure package.
Investor's Corner
New drone video shows Tesla’s Optimus Factory reaching a turning point
New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.
Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.
The Giga Texas Optimus Factory latest update … construction keeps moving fast!
Steel assembly is now only about 5 column grids from the north perimeter beam. Concrete is going in on the three upper floors, rebar is still being laid for more pours, and footing / grade-beam work… pic.twitter.com/qvFPvwnYzW
— Joe Tegtmeyer 🚀 🤠🛸😎 (@JoeTegtmeyer) September 17, 2026
Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.
Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.
Tesla Giga Texas to feature massive Optimus V4 production line
The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.
Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.
Investor's Corner
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.
Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.
The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.
What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.
Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry
By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.
TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.
Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.
The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.
News
NHTSA just escalated its Tesla Cybercab investigation in a big way
NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.
Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.
The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.
Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.
The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.
Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.
New drone video shows Tesla’s Optimus Factory reaching a turning point
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
