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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.

Check out Teslarati’s Marketplace! We offer Tesla accessories, including for the Tesla Cybertruck and Tesla Model 3.

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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Elon Musk

County vote hands Elon Musk’s Vegas tunnel network a huge new target

Clark County approved 19 more Vegas Loop stations, pushing Boring Company’s entitled total to 123.

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The Boring Company just got permission to nearly double how far Vegas Loop can reach. Clark County commissioners approved 19 additional stations for the underground transit system, bringing the total entitled to 123, the company said in a post on X thanking the county for the vote. Elon Musk’s tunneling company also flagged the direction it sees the project heading long term. “Because Loop is point-to-point with no intermediate stops, in the limit, one could have a Loop station in every driveway,” the company wrote.

That framing captures how far the ambitions have moved. The Vegas Loop opened its first stretch of tunnel in 2021 and has grown its footprint through a string of county approvals since. In 2023, commissioners signed off on 18 additional stations, part of a plan that later doubled the system’s target to 69 stations across 65 miles. By the end of that year the company was describing a build out closer to 93 planned stations. Last year the long term design called for 104 stations across 68 miles of tunnel. The new approval pushes that number to 123, another jump in a project that keeps outgrowing its own blueprints.

The Boring Company gets approval for more stations in Las Vegas

Station count on paper is still well ahead of what riders can actually use. As Teslarati reported earlier this month, the network has about 11 open stations and has carried more than 4 million passengers since it began running, with newer stops at Fontainebleau and Sahara among the latest additions to the Strip corridor. A tunnel connection to Harry Reid International Airport remains under construction and has already slipped past its original first quarter target. The company is also racing to finish a Westgate to Paradise Road segment that Las Vegas Convention and Visitors Authority CEO Steve Hill has said it hopes to have running in time for November’s Formula 1 race.

The gap between entitled stations and operating ones is where the real story sits. Regulatory approval gives Boring Company the legal runway to keep tunneling toward new resorts, residential pockets and eventually the airport, but building each connection still comes down to boring machines, fire safety sign offs and construction timelines that have slipped before. The company’s Prufrock series machines set an internal record in March with a 2.28 mile tunnel near Westgate, evidence that construction has been picking up even as the list of approved destinations grows faster than the tunnels themselves.

Musk’s driveway comment reads as aspirational rather than a near term plan, but it fits how Boring Company has talked about Vegas Loop from the start: treat every approval as a floor, not a ceiling, and keep pushing county officials for room to dig.

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Elon Musk

SpaceX announces new Starbase for ‘thousands of Starship launches annually’

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Credit: SpaceX

SpaceX announced today that it would expand its launch capabilities into a new U.S. state: Louisiana.

Today, SpaceX, in conjunction with the Louisiana Economic Development Office, said that it will establish a new launch facility, which it will call Starbase, Louisiana. It will be located near Vermilion Parish, supporting thousands of launches each year, at least eventually.

CEO Elon Musk commented by stating, “Starbase Louisiana will ultimately have over a dozen launch towers, enabling more than 30 Starship flights per day and making it the biggest launch site on Earth!”

The expansion is SpaceX’s latest move to push its launch cadence to be more frequent than ever. SpaceX said that Starbase, Louisiana, will be built to “support thousands of Starship flights a year,” with the first coming in 2029.

SpaceX announced the new facility in partnership with the Louisiana Economic Development Office as it will bring a major influx of jobs and investments into the area. Currently, it will produce more than 3,000 new jobs in Louisiana, and SpaceX plans to invest at least $100 billion into the entire facility, ensuring that many jobs are created as a result.

Environmental Responsibility

SpaceX acknowledges the impact launches could have on marshlands, local wildlife, and water sources. Here’s how the company plans to help with the issues in Vermilion Parish:

  • Restoring the Shoreline: “In Vermilion Parish, the shoreline is eroding between 3.3 and 23 feet per year. We’re partnering with state and federal agencies to expand Louisiana’s Coastal Master Plan and Coastal Wetlands Planning, Protection and Restoration Act projects, including Gulf shoreline protection breakwaters designed to reduce wave energy and slow loss along the Gulf edge.”
  • Rebuilding the Marshlands: “In working with the state, we’re planning thousands of acres of marsh creation using beneficial-use placement of dredged material and offshore sediment sources. Restoration will also include interior marsh bank stabilization and rebuilding marsh in remnant canals. These projects can reconnect fragmented wetlands, restore natural buffers against storms, and return habitat that has been lost to erosion and historic canalization.”
  • Preserving Coastal Wildlife: “Pecan Island and nearby wetlands are high-value habitat for migratory waterfowl, shorebirds, wading birds, and other coastal wildlife. SpaceX is not developing the full footprint of the land and will preserve wetlands and wildlife habitat. At existing launch sites, waterfowl and other birds continue to use nearby habitat during operations. Working with wildlife agencies, landowners, and conservation groups, SpaceX will support monitoring and management so this habitat stays productive and hunting, fishing, birding, and other recreational activities that are part of this coast’s culture can continue.”

SpaceX shares rose about 2.5 percent on the news.

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Cybertruck

Tesla just made Cybertruck more expensive

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Credit: Tesla

Tesla Cybertruck trims saw a big price change, at least on two of the three available to consumers, as demand for the all-electric pickup appears to be increasing.

Tesla bumped up its Base All-Wheel-Drive trim level up to $74,990 from $69,990 and the Premium All-Wheel-Drive configuration from $79,990 to $84,990. The Cyberbeast price remains unchanged at $99,990.

Despite questions of demand for the truck, Tesla is bumping its two least expensive trims up $5,000 to signal that there are plenty of buyers. Although SpaceX has been buying Tesla Cybertruck units to utilize as company vehicles, it is no secret that the Cybertruck is among the most sought-after Tesla models out there.

The issue has always been pricing, at least for the most part. When Tesla initially launched the Cybertruck AWD at $59,990 a few months back, the company stated that price would remain intact for just ten days due to the influx of orders it received.

Cybertruck Sales: Is It the Product or Pricing?

Depending on who you ask, you will likely hear one of two explanations for relatively low Cybertruck sales: either the product itself or the pricing.

Yes, this is the best-selling all-electric pickup on the market. However, there are people who simply hate the look of it, which I understand, but do not agree with. Look is totally subjective, and I love the look of the Cybertruck.

Some people will not buy the Cybertruck because of the look, but I am under the impression that sales would be much better if this truck were priced lower; something that might not be possible considering Tesla’s need to make money on its products. When it was unveiled in 2019, its most expensive trim level was $69,990. Now, the cheapest trim level is more expensive than that.

I would be in a Cybertruck if it were more affordable. I LOVE my Model Y, but Cybertruck is the best vehicle Tesla makes, and it’s not particularly close. Even in the base model, the steer-by-wire, the space, storage, and performance make it more desirable than the Model Y to me. I cannot be the only Tesla owner without a Cybertruck who feels this way.

If you’re interested in buying a Tesla vehicle, use my referral link.

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