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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 Superchargers open to Lucid Air, but not without one key thing

Lucid’s full lineup of EVs is now able to use Tesla Superchargers in the United States and Canada.

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Tesla Superchargers will be open to Lucid Air vehicles starting on July 31, a move that comes nearly two years after the companies agreed to terms that would allow them to partner.

Lucid joins a long list of EV makers that have a full lineup of EVs that can utilize Tesla’s extensive Supercharger Network across the United States and parts of Canada. In all, over 32,500 Tesla Superchargers will be accessible to Lucid owners at the end of the month.

Lucid NACS adoption ‘must have been a bitter pill to swallow’: Elon Musk

All Air models, regardless of year or trim level, will gain access to the entire North American Tesla Supercharger Network. It will just need one key thing to charge: an NACS adapter.

Lucid Air sedans will require a DC NACS to CCS1 adapter in order to enable charging at the Tesla stalls. These will be priced at $220 plus tax.

Emad Dlala, Senior VP of Powertrain at Lucid, said:

“In addition to offering the longest-range electric vehicle available, Lucid is committed to offering our customers seamless and wide access to public charging. Access to the Tesla Supercharging Network for the Lucid Air is yet another major milestone.”

Charging speeds will allow Air EVs to charge at up to 50 kW, gaining up to 200 miles of range per hour.

As for the Lucid Gravity, the company’s SUV, it will not require the adapter because of its native NACS port. It gained access to the Supercharger Network in January.

Although Lucid Airs will not be able to charge at the rate of some other vehicles, they do boast some of the best range ratings in the EV industry. Having the luxury of additional charging piles to access will increase the value of the long-range ratings Lucid offers with its vehicles.

Lucid joins several other automakers that have a full lineup of EVs that have access to the Tesla Supercharger Network:

  • Ford
  • Rivian
  • General Motors (Chevrolet, GMC, Cadillac)
  • Volvo
  • Polestar
  • Nissan
  • Mercedes-Benz
  • Hyundai
  • Kia
  • Genesis
  • Honda
  • Acura
  • Aptera

Other brands, like BMW, Audi, Volkswagen, Porsche, and Subaru, are expected to gain access in the near future.

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Tesla Robotaxi wins over firm that said it was ‘likely to disappoint’

Tesla Robotaxi recently won over a Wall Street firm that had recently said the platform was “likely to disappoint.”

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tesla robotaxi app on phone
Credit: Tesla

Tesla Robotaxi recently won over a Wall Street firm that had recently said the platform was “likely to disappoint.” The ride-hailing service has been operating for about a month, and driverless rides have been offered to a small group of people that continues to expand nearly every day.

JPMorgan went to Austin to test the Tesla Robotaxi platform, and it did so just a few weeks after listing Tesla as one of its “six stocks to short” in 2025. Highlighting the loss of the EV tax credit and labeling the Robotaxi initiative as one that was “likely to disappoint,” despite Tesla’s prowess in its self-driving software.

Analyst Ryan Brinkman has been skeptical of Tesla for some time, even stating that the company’s “sky-high valuation” was not in line with other stocks in the Magnificent Seven.

However, a recent visit to Texas that was made by JPMorgan analysts proved that the Robotaxi platform, despite being in its earliest stages, was enough for them to change their tune, at least slightly. The firm gave its props to the Tesla Robotaxi platform in a note by stating it was “certainly solid and felt like a safe ride at all times.”

It’s always nice to hear skeptics report positive experiences, especially as Robotaxi continues to improve and expand.

Tesla has already expanded its geofence for the Robotaxi suite in Austin, picking a very interesting shape for its newest boundaries:

Tesla’s Robotaxi expansion wasn’t a joke, it was a warning to competitors

As Robotaxi expands, Tesla is dealing with competition from Waymo, another self-driving ride-hailing service that is operating in Austin, among other areas. After Tesla’s expansion, which brought its accessible area to a greater size than Waymo’s, it responded by doubling its geofence.

Waymo’s expansion surpassed Tesla’s size considerably, and it seems Tesla is preparing to expand its geofence in the coming weeks.

Waymo responds to Tesla’s Robotaxi expansion in Austin with bold statement

The Robotaxi platform is not yet available to the public, but Tesla has been inviting more people to try it with every passing day. Currently, the map is roughly 42 square miles, but many believe Tesla is able to broaden this by a considerable margin whenever it decides.

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Investor's Corner

Tesla needs to confront these concerns as its ‘wartime CEO’ returns: Wedbush

Tesla will report earnings for Q2 tomorrow. Here’s what Wedbush expects.

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Credit: Tesla

Tesla (NASDAQ: TSLA) is set to report its earnings for the second quarter of 2025 tomorrow, and although Wall Street firm Wedbush is bullish as the company appears to have its “wartime CEO” back, it is looking for answers to a few concerns investors could have moving forward.

The firm’s lead analyst on Tesla, Dan Ives, has kept a bullish sentiment regarding the stock, even as Musk’s focus seemed to be more on politics and less on the company.

However, Musk has recently returned to his past attitude, which is being completely devoted and dedicated to his companies. He even said he would be sleeping in his office and working seven days a week:


Nevertheless, Ives has continued to push suggestions forward about what Tesla should do, what its potential valuation could be in the coming years with autonomy, and how it will deal with the loss of the EV tax credit.

Tesla preps to expand Robotaxi geofence once again, answering Waymo

These questions are at the forefront of what Ives suggests Tesla should confront on tomorrow’s call, he wrote in a note to investors that was released on Tuesday morning:

“Clearly, losing the EV tax credits with the recent Beltway Bill will be a headwind to Tesla and competitors in the EV landscape looking ahead, and this cash cow will become less of the story (and FCF) in 2026. We would expect some directional guidance on this topic during the conference call. Importantly, we anticipate deliveries globally to rebound in 2H led by some improvement on the key China front with the Model Y refresh a catalyst.”

Ives and Wedbush believe the autonomy could be worth $1 trillion for Tesla, especially as it continues to expand throughout Austin and eventually to other territories.

In the near term, Ives expects Tesla to continue its path of returning to growth:

“While the company has seen significant weakness in China in previous quarters given the rising competitive landscape across EVs, Tesla saw a rebound in June with sales increasing for the first time in eight months reflecting higher demand for its updated Model Y as deliveries in the region are starting to slowly turn a corner with China representing the heart and lungs of the TSLA growth story. Despite seeing more low-cost models enter the market from Chinese OEMs like BYD, Nio, Xpeng, and others, the company’s recent updates to the Model Y spurred increased demand while the accelerated production ramp-up in Shanghai for this refresh cycle reflected TSLA’s ability to meet rising demand in the marquee region. If Musk continues to lead and remain in the driver’s seat at this pace, we believe Tesla is on a path to an accelerated growth path over the coming years with deliveries expected to ramp in the back-half of 2025 following the Model Y refresh cycle.”

Tesla will report earnings tomorrow at market close. Wedbush maintained its ‘Outperform’ rating and held its $500 price target.

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