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SpaceX sues US government to protest mystery launch or rocket R&D contracts

SpaceX prepares Falcon 9 B1054 for the company's first major USAF launch in December 2018. (SpaceX/USAF)

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SpaceX has filed a lawsuit – technically a “Bid Protest Complaint” – against the United States government and successfully petitioned for the file to remain sealed, restricting access to additional case details for the time being.

This development follows a quiet series of bid protests SpaceX filed with the Government Accountability Office (GAO) in February 2019, shortly after NASA announced that it had awarded ULA a ~$150M launch contract for Lucy (a robotic Trojan asteroid explorer). SpaceX believed that it could perform the mission at a “dramatically lower” price, potentially saving the federal government tens of millions of dollars. SpaceX withdrew both of its GAO bid protests without comment on April 4th. Whether those prior protests are related to SpaceX’s May 2019 lawsuit is unclear.

https://twitter.com/ponder68/status/1129724676333346849

Adding even more complexity and uncertainty to the series of events, NASA awarded SpaceX the launch contract for its Double Asteroid Redirection Test (DART) spacecraft on April 20th, about two weeks after SpaceX retracted its Lucy protests. The cause-and-effect relationship between both events is wholly ambiguous. Perhaps SpaceX withdrew before the company was made aware of their DART win. Perhaps they withdrew their protest because they learned of NASA’s award.

Regardless of what did or did not trigger the contract award, the fact remains that SpaceX’s DART launch will cost NASA ~$70M, less than half the price of ULA’s ~$150M Lucy launch contract. As such, it seems likely that launching Lucy on Falcon 9 could have saved the US government as much as $50M, assuming an expendable profile (~$100M per SpaceX’s latest GPS III launch contracts).

Falcon 9’s upper stage and NASA’s 600 kg DART asteroid impactor. (SpaceX/NASA)

Returning to the topic at hand, the simplest explanation is that SpaceX’s GAO bid protests and May 2019 lawsuit are in some way related. Although SpaceX was clearly correct when it insinuated that it could launch Lucy far more affordably than ULA, the company was criticized for its GAO protests because they effectively froze – or at least complicated – work on the NASA spacecraft. In the event that the withdrawals and lawsuit are related, SpaceX would have backed down after entering into the slow GAO protest process, essentially conceding the contract to ULA and allowing spacecraft work to continue without disruption.

Replaced with a lawsuit against the US government, SpaceX could instead be attempting to change the processes that lead NASA to award ULA the Lucy launch contract in spite of potential savings on the order of ~$50M. SpaceX has done something similar once before when it sued the US Air Force for its uncompetitive launch procurement processes, a largely successful endeavor that has helped force some competition back into USAF/DoD launch contracts.

Atlas V lifts off with the USAF AFSPC-11 spacecraft, April 2018. (Ben Cooper)
Falcon 9 supported its first certified USAF launch – carrying the ~$600M GPS III SV01 spacecraft – in December 2018. (SpaceX)

However, there are several additional possibilities for the actual subject of SpaceX’s latest sealed suit. Most recently, NASA distributed ~$46M among 11 companies for studies and prototypes of lunar landers, transfer vehicles, and in-space refueling technology. SpaceX tied with Aerojet Rocketdyne for the least substantial awards out of those 11 companies, each receiving funds for a single study, while most other awardees were contracted for multiple studies and/or prototypes. This is a stretch, however.

The most likely alternative to a continuation of SpaceX’s Lucy protest is a lawsuit focused on the USAF’s latest EELV/NSSL development contracts and its proposed continuation of block-buy launch procurement. Of the four companies involved, Blue Origin and SpaceX have both criticized the USAF for a variety of reasons. Both did agree, however, in their dislike of the USAF’s inexplicable desire to award all launch contracts to two victors, despite there being as many as four different launch vehicles that could feasibly compete for those several-dozen contracts.

The USAF awarded major vehicle development funding to ULA, Orbital ATK (now NGIS), and Blue Origin. SpaceX was snubbed but is still eligible to compete for Phase 2 launch contracts. (Teslarati – ULA/NGIS/Blue Origin/SpaceX)

For now, details of SpaceX’s latest lawsuit will remain sealed, leaving the company’s motivations veiled in mystery. SpaceX’s next USAF mission could occur as early as June 22nd. Known as STP-2, it will mark Falcon Heavy’s third flight, the rocket’s first defense-related launch, and the USAF’s first use of flight-proven SpaceX boosters. If successful, SpaceX will effectively be able to compete with ULA for all conceivable future launch contracts.

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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’s flying Roadster just revealed something bigger than the car

Analysts say the Roadster demo puts a Tesla and SpaceX merger back on the table.

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Tesla’s new Roadster, upside down and trailing cold gas thruster smoke, flips over a lineup of Tesla vehicles at the Roadster unveiling near Waco, Texas on October 15, 2026. (Image: Tesla)
Tesla’s new Roadster, upside down and trailing cold gas thruster smoke, flips over a lineup of Tesla vehicles at the Roadster unveiling near Waco, Texas on October 15, 2026. (Image: Tesla)

The Roadster unveiling near Waco ended Thursday night, and by Friday morning much of the investor reaction had less to do with the car than with who owns the rocket technology inside it.

Wedbush analyst Dan Ives said the event “puts the Tesla/SpaceX relationship on the table in a tangible way,” pointing to the propulsion, pressure vessel and control hardware sitting on a Tesla product. Gene Munster of Deepwater Asset Management called the demo “a ridiculous display of engineering” with “no commercial value” beyond embarrassing traditional automakers, though he said it showed Musk wants the two companies together.

The more specific forecast came a day earlier from Barclays. Analyst Dan Levy told clients a deal could be announced before Tesla’s annual meeting, which must happen by December 6, and that an announcement in late October or early November could make shareholder approval harder. Barclays expects SpaceX to be the buyer in an all stock deal, with Tesla holders receiving SpaceX shares at a premium, based on market values of roughly $2.1 trillion for SpaceX and $1.5 trillion for Tesla. If nothing lands around the meeting, the bank still sees an announcement within 6 to 12 months.

The Roadster demo just added more weight to merger speculations. Tesla’s demo used cold gas thrusters and pressure tanks of the kind SpaceX uses on Falcon 9, and Musk described the car as a collaboration between Tesla and SpaceX engineers, as we mentioned in our breakdown of the three Roadster configurations.


Musk has not publicly addressed a deal since the event, as far as we have seen. His most direct answer remains the one he gave at the All In Summit, when he said that with so much collaboration, “who can imagine what action one might take” without ruling anything out. Ives has held to a 2027 timeline since his March note, and Musk pushed back on the China piece of the speculation when ARK floated a year end announcement in August.

The next test is Tesla’s third quarter earnings call on October 21. However, we recall in July that Musk told analysts, “we can’t talk about combining companies and that kind of thing on an earnings call,” so a clear answer wouldn’t be expected.

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How Tesla’s Roadster fan system and thrusters are built to dominate the corners

Tesla’s Roadster uses fans, active wings and cold gas thrusters to create grip at any speed.

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The Roadster’s rear wing, one of the aerodynamic elements Tesla pairs with a fan-based downforce system. (Image: Tesla)
The Roadster’s rear wing, one of the aerodynamic elements Tesla pairs with a fan-based downforce system. (Image: Tesla)

Tesla’s new Roadster is best known for flipping through the air in Texas, but the technology that matters most for a race track is the stuff that keeps it on the ground. Tesla’s Roadster page describes a multi-mode fan and ground sealing system that acts as a downforce generator, pulling air out from beneath the car. Tesla says it provides enough suction to hold the vehicle upside down, even when stationary.

That is the key difference from the wings and diffusers on a normal supercar. Conventional aero only makes downforce when the car is moving, and it grows with speed, so a car has the least grip in the slow corners and under hard braking. A fan system makes downforce at any speed. Tesla’s patent, which we covered last year, describes fans and deployable skirts that create sealed or partially sealed regions under the car, with the fans extracting air to lower the pressure and increase grip and stability.


Tesla pairs that with active wings, a next generation steer by wire system and a Track Mode that lowers the car and changes the suspension, with high downforce and low drag settings for the circuit. To keep weight down, Tesla points to magnesium, titanium and carbon fiber, manual controls and a fixed seat position, which it says lets the car respond to driver inputs almost instantly.

Tesla Roadster: Three configs, one can fly, 0-60 in 0.8 seconds

The cold gas thrusters are the other half. On the Thrust version they sit at the rear and Tesla says they take the car from 0 to 60 mph in under 0.9 seconds, while the Rocket version adds perimeter thrusters for forward, upward and lateral rotational movement. Tesla says the all electric actuators make micro adjustments within a fraction of a second.


Musk has been talking about records for years. In June 2019 he said, “We’re going to do things with the new Roadster that are kind of unfair to other cars.” That September, when a follower asked whether the Roadster would beat the Nürburgring production car record, he replied with one word, “Absolutely,” as we reported at the time. In February 2024 he said Tesla had “radically increased the design goals” for the car and that its sub one second 0 to 60 time would be “the least interesting part.”

There are caveats. Tesla has not published a lap time or a verified cornering figure, so the record talk is still a promise rather than a result. Tesla also says the car is not approved for public road use, and the thruster features are limited to the Rocket trim, which is invite only. Fan cars have also been banned or withdrawn before, and getting a sealed underbody to work on a rough public road is a harder problem than on a smooth track. The first real test will be an official lap at a circuit.

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Tesla Roadster: Three configs, one can fly, 0-60 in 0.8 seconds

Tesla’s Roadster comes in Performance, Thrust and Rocket versions, with a claimed 0-60 under 0.59 seconds.

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Elon Musk addresses the crowd next to the new Tesla Roadster, which Tesla offers in Performance, Thrust and Rocket versions. (Image: Tesla/X)

Tesla finally showed the next generation Roadster on Thursday night, and the demo had more in common with a SpaceX test than a track lap. At an event outside Waco, Texas, near SpaceX’s McGregor site, the car used a mix of fans and cold gas thrusters to drive up a curved ramp until it was upside down, then flew off, flipped and landed on the pavement. “Well, it worked,” Elon Musk said. “Flying cars are real.”

The Roadster also hovered itself over a Cybercab, Cybertruck, Tesla Semi, Model Y and Model 3 while moving, and that Tesla showed it going 0 to 60 mph in one second. Musk said “this will be the actual car that’s on the roads” and that it “literally is just going to puff itself up” to perform the maneuvers whenever an owner wants. He called the result a collaboration between Tesla and SpaceX engineers that is “better than any James Bond car,” with Franz von Holzhausen and Lars Moravy on site.

Tesla published new mind-blowing stats for the car that replace the previous targets. The Performance version is road ready and seats two, with active aerodynamics and a multi-mode suction system, and Tesla lists 0 to 60 mph in under 1.6 seconds. The Thrust version is race ready, also seats two, and adds rear-mounted cold gas thrusters for a 0 to 60 time of under 0.9 seconds. The Rocket version is described as air ready, seats one, and uses perimeter-mounted thrusters for forward and upward acceleration plus lateral rotational movement.

Configuration Seats 0 to 60 mph
Performance 2 under 1.6 s
Thrust 2 under 0.9 s
Rocket 1 under 0.59 s

Tesla’s own description: “So…yes, it can fly.” It lists a 0 to 60 time of under 0.59 seconds for Rocket, a top speed of up to more than 230 mph, and range of more than 300 miles. Tesla has not yet given pricing in the information we have seen, but has reopened $50,000 reservations in the newly updated Tesla Roadster configurator. Production is planned for Giga Texas in 2027 or 2028, and Musk has said it would follow the demo by 12 to 18 months.

Tesla’s Roadster page adds more on how the car works. A multi-mode fan and ground sealing system pulls air from under the car, producing enough suction to hold it upside down even when stationary. Active wings, steer-by-wire with a yoke, and a Track Mode that lowers the car round out the driving setup. The cold gas thrusters use all-electric actuators for micro adjustments to stabilize the car in flight. Tesla says it cut weight with magnesium, titanium and carbon fiber, manual controls and a fixed seat position, and the exterior has hidden headlights, a full-length taillight and Ano White paint inspired by aerospace coatings. Inside are an Ultrawhite interior with gray microsuede, a center touchscreen and two smaller forward displays, and gold tinted glass modeled on spacesuit visors. Availability is tiered: Performance is by reservation, Thrust is a limited release, and Rocket is invite only. Tesla notes the car is not approved for public road use, and that Rocket is not available in all regions.

Tesla Roadster Highlights

  • Aero and suction: a multi-mode fan and ground sealing system pulls air from under the car and can hold it upside down even when stationary. There are also active wings and a Track Mode that lowers the car.
  • Controls and thrusters: steer-by-wire with a yoke. The cold gas thrusters use all-electric actuators for micro adjustments that stabilize the car in flight.
  • Weight: magnesium, titanium and carbon fiber, manual controls and a fixed seat position.
  • Design: hidden headlights, a full-length taillight, Ano White paint inspired by aerospace coatings, and gold tinted glass modeled on spacesuit visors.
  • Interior: an Ultrawhite interior with gray microsuede, a center touchscreen and two smaller forward displays.
  • Availability: Performance is by reservation, Thrust is a limited release, and Rocket is invite only.
  • Road use: Tesla notes the car is not approved for public road use, and that Rocket isn’t available in all regions.

Musk has described the Roadster as “the best of the last of the human-driven cars,” and he has been open that it is a halo product. He said he is “not sure it moves the needle massively from a revenue standpoint,” and has warned that anyone whose top priority is safety should not buy it. Tesla reports third quarter earnings on October 21.

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