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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 CEO Elon Musk sends final warning to Bill Gates over short position

“If Gates hasn’t fully closed out the crazy short position he has held against Tesla for ~8 years, he had better do so soon,” Musk said.

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Tesla CEO Elon Musk sent a final warning to former Microsoft CEO Bill Gates over his short position, which he confirmed he held to Musk directly several years ago.

Gates has been a skeptic of Tesla for some time, but he has also tried to work with Musk on philanthropic opportunities several years ago, which was coincidentally when he admitted to the company’s frontman that he held a short position.

Musk was, in turn, “super mean” to Gates, according to Walter Isaacson’s biography about the Tesla CEO. Gates had put $500 million against Tesla, shorting the stock and hoping to profit from its failure.

Elon Musk explains Bill Gates beef: He ‘placed a massive bet on Tesla dying’

A short position essentially means Gates is betting Tesla shares will go down, which would make him money. However, shares have gone up over six percent this year and increased nearly 150 percent over the past five years.

At the recent Annual Shareholder Meeting, Musk made many claims about Tesla’s future projects and how they could manage to disrupt various industries. He also recently had a massive $1 trillion compensation package approved, which will be awarded in twelve tranches, all of which combine a company valuation goal and an individual goal related to a product.

Musk was able to complete his last approved pay package, but it was not awarded due to a ruling by a Delaware Chancery Court. Nevertheless, his track record of proving growth for Tesla shareholders is excellent, and investors are obviously very encouraged by his capabilities as a CEO, considering 76.6 percent of shareholders voted to approve his new compensation.

After it was revealed that the Gates Foundation dumped 65 percent of its Microsoft position for nearly $9 billion, Musk had one final message for him: drop your Tesla short position soon, or else.

Musk’s rivalry with Gates is mostly founded on the Tesla CEO’s discontent with the former Microsoft frontman’s short position. However, Musk might have a bit of a soft spot for Gates, considering he is giving him a warning of what is potentially to come. If he really wanted to do some damage to Gates, he would not give him any heads-up at all.

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Tesla rolls out most aggressive Model Y lease deal in the US yet

With the promotion in place, customers would be able to take home a Model Y at a very low cost.

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(Credit: Tesla)

Tesla has rolled out what could very well be its most aggressive promotion for Model Y leases in the United States yet. With the promotion in place, customers would be able to take home a Model Y at a very low cost.

Zero downpayment leases

The new Model Y lease promotion was initially reported on X, with industry watcher Sawyer Merritt stating that while the vehicles’ monthly payments are still similar to before, the cars can now be ordered with a $0 downpayment. 

Tesla community members noted that this promotion would cut the full payment cost of Model Y leases by several thousand dollars, though prices were still a bit better when the $7,500 federal tax credit was still in effect. Despite this, a $0 downpayment would likely be appreciated by customers, as it lowers the entry point to the Tesla ecosystem by a notable margin.

Premium freebies included

Apart from a $0 downpayment, customers of Model Y leases are also provided one free upgrade for their vehicles. These upgrades could be premium paint, such as Pearl White Multi-Coat, Deep Blue Metallic, Diamond Black, Quicksilver or Ultra Red, or 20″ Helix 2.0 Wheels. Customers could also opt for a White Interior or a Tow Hitch free of charge.

A look at Tesla’s Model Y order page shows that the promotion is available for all the Model Y Premium Rear-Wheel Drive and the Model Y Premium All-Wheel Drive. The Model Y Standard and the Model Y Performance are not eligible for the $0 downpayment or free premium upgrade promotion as of writing. 

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🚨 Tesla Full Self-Driving v14.1.7 is here and here’s some things it did extremely well! #tesla #teslafsd #fullselfdriving ♬ You Have It – Marscott

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Tesla is looking to phase out China-made parts at US factories: report

Tesla has reportedly swapped out several China-made components already, aiming to complete the transition within the next two years.

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(Source: Tesla)

Tesla has reportedly started directing its suppliers to eliminate China-made components from vehicles built in the United States. This would make Tesla’s US-produced vehicles even more American-made.

The update was initially reported by The Wall Street Journal.

Accelerating North American sourcing

As per the WSJ report, the shift reportedly came amidst escalating tariff uncertainties between Washington and Beijing. Citing people reportedly familiar with the matter, the publication claimed that Tesla has already swapped out several China-made components, aiming to complete the transition within the next two years. The publication also claimed that Tesla has been reducing its reliance on China-based suppliers since the pandemic disrupted supply chains.

The company has quietly increased North American sourcing over the past two years as tariff concerns have intensified. If accurate, Tesla would likely end up with vehicles that are even more locally sourced than they are today. It would remain to be seen, however, if a change in suppliers for its US-made vehicles would result in price adjustments for cars like the Model 3 and Model Y.

Industry-wide reassessments

Tesla is not alone in reevaluating its dependence on China. Auto executives across the automotive industry have been in rapid-response mode amid shifting trade policies, chip supply anxiety, and concerns over rare-earth materials. Fluctuating tariffs between the United States and China during President Donald Trump’s current term have made pricing strategies quite unpredictable as well, as noted in a Reuters report. 

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General Motors this week issued a similar directive to thousands of suppliers, instructing them to remove China-origin components from their supply chains. The same is true for Stellantis, which also announced earlier this year that it was implementing several strategies to avoid tariffs that were placed by the Trump administration. 

@teslarati 🚨 Tesla Full Self-Driving v14.1.7 is here and here’s some things it did extremely well! #tesla #teslafsd #fullselfdriving ♬ You Have It – Marscott
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