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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 FSD approved for testing in Nacka, Sweden, though municipality note reveals aggravating detail

Nacka, Sweden, a municipality just a few miles from Stockholm, has given its approval for FSD tests.

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Credit: Grok Imagine

Tesla has secured approval for FSD testing in an urban environment in Sweden. As per recent reports from the Tesla community, Nacka, Sweden, a municipality just a few miles from Stockholm, has given its approval for FSD tests. 

A look at the municipality’s note regarding FSD’s approval, however, reveals something quite aggravating. 

FSD testing approval secured

As per Tesla watcher and longtime shareholder Alexander Kristensen, Nacka is governed by the Moderate Party. The shareholder also shared the municipality’s protocol notes regarding approval for FSD’s tests. 

“It is good that Nacka can be a place for test-driving self-driving cars. This is future technology that can both facilitate mobility and make transportation cheaper and more environmentally friendly,” the note read. 

The update was received positively by the Tesla community on social media, as it suggests that the electric vehicle maker is making some legitimate headway in releasing FSD into the region. Sweden has been particularly challenging as well, so securing approval in Nacka is a notable milestone for the company’s efforts. 

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Aggravating details

A look at the notes from Nacka shows that FSD’s proposed tests still met some opposition from some officials. But while some critics might typically point to safety issues as their reasons for rejecting FSD, those who opposed the system in Nacka openly cited Tesla’s conflict with trade union IF Metall in their arguments. Fortunately, Nacka officials ultimately decided in Tesla’s favor as the company’s issues with the country’s unions are a completely different matter.

“The left-wing opposition (S, Nackalistan, MP and V) voted no to this, referring to the fact that the applicant company Tesla is involved in a labor market conflict and does not want to sign a collective agreement. We believe that this is not an acceptable reason for the municipality to use its authority to interfere in a labor law conflict.

“Signing a collective agreement is not an obligation, and the company has not committed any crime. The municipality should contribute to technological development and progress, not work against the future,” the note read.

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Tesla Model 3 and Model Y named top car buys in Norway

Despite growing competition from European and Korean brands, both models stood out for their balance of price, performance, and everyday usability.

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Credit: Grok Imagine

Norway’s annual roundup of the best car purchases featured Tesla’s two main sellers this year, with the Model 3 and Model Y securing top positions in their respective segments. 

Despite growing competition from European and Korean brands, both models stood out for their balance of price, performance, and everyday usability. The verdict comes as electric vehicle adoption remained above 95% of new vehicle sales in the country.

Tesla Model 3 strengthens its value position

Among compact EVs, the Tesla Model 3 maintained its position as the best overall buy thanks to its strong blend of performance, efficiency, and updated features. Reviewers noted that every trim offered compelling value, especially with the all-electric sedan’s improved cabin ergonomics and the return of the turn-signal stalk, which was one of the few previous complaints among drivers. 

The Model 3’s mix of long-range capability, low operating costs, and responsive handling has continued to set the benchmark for compact EVs in Norway. While competitors from Hyundai, Volkswagen, and Peugeot have narrowed the gap, Tesla’s price-to-capability ratio has remained difficult to beat in this segment, Motor.no reported.

“The Model 3 clearly offers the best value for money in the compact class, no matter which version you choose. Now it also gets the turn signal lever back. This eliminates one of the few flaws in a driving environment that many believe is the best on the market,” the publication wrote. 

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Tesla Model Y claims its crown

The Tesla Model Y emerged as Norway’s top family-car purchase this year. The latest refresh introduced improvements in ride quality, styling, and interior materials, allowing the Model Y to deliver a more premium driving experience without a substantial price increase. 

Reviewers praised its spacious cabin, strong safety profile, and practical range, all of which reinforced its appeal for families needing an all-purpose electric crossover. The Model Y remains especially notable given its continued popularity in Norway even as Tesla faces declining sales in other global markets.

“The Model Y is back as the winner in the family class. The upgrade in the new year was even more extensive than expected. It is a slightly more elegant and significantly more comfortable Model Y that solidifies its position as Norway’s best car purchase in the most important class,” the Norwegian motoring publication noted.

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Tesla Giga Berlin is still ramping production to meet Model Y demand: plant manager

Tesla Gigafactory Berlin has expanded to two full shifts, as per the facility’s plant manager, and a lot of it is due to Model Y demand.

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Credit: Tesla/X

Tesla Gigafactory Berlin has expanded to two full shifts, as per the facility’s plant manager, and a lot of it is due to Model Y demand. While registrations in some countries such as Sweden have fallen sharply this year, the company’s sales in other key territories have been rising. 

Giga Berlin shifts to two shifts

Giga Berlin factory manager André Thierig told the DPA that the facility has been running two shifts since September to manage a surge in global orders. And due to the tariff dispute with the United States, vehicles that are produced at Giga Berlin are now being exported to Canada. 

“We deliver to well over 30 markets and definitely see a positive trend there,” Thierig said.

Despite Giga Berlin now having two shifts, the facility’s production still needs to ramp up more. This is partly due to the addition of the Tesla Model Y Performance and Standard, which are also being produced in the Grunheide-based factory. Interestingly enough, Giga Berlin still only produces the Model Y, unlike other factories like Gigafactory Texas, the Fremont Factory, and Gigafactory Shanghai, which produce more than one type of vehicle. 

Norway’s momentum

Norway, facing an imminent tax increase on cars, has seen a historic spike in Tesla purchases as buyers rush to secure deliveries before the change takes effect, as noted in a CarUp report. As per recent reports, Tesla has broken Norway’s all-time annual sales record this month, beating Volkswagen’s record that has stood since 2016.

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What is rather remarkable is the fact that Tesla was able to achieve so much in Norway with one hand practically tied behind its back. This is because the company’s biggest sales draw, FSD, remains unavailable in the country. Fortunately, Tesla is currently hard at work attempting to get FSD approved for Europe, a notable milestone that should spur even more vehicle sales in the region.

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