Connect with us

News

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)

Published

on

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.

Advertisement
Comments

News

Tesla looks to expand into new Asian market, strengthening presence

Published

on

Credit: Tesla Asia | X

Tesla is looking to expand into a new Asian market, strengthening its presence in a region that has been bullish on electric vehicles as a whole.

Tesla officially filed to establish a subsidiary of its business in Vietnam, a report from Reuters suggests. Tesla named the entity “Tesla Motors Vietnam Limited Liability Company.”

The planned entrance into the Vietnamese market is a good sign and move for Tesla, as it has become one of the fastest-growing EV markets in Southeast Asia. It is already among the leaders in the region in both volume and electrification rate. In the first half of this year, Vietnam led Southeast Asia in battery-electric passenger car sales at about 116,000 units, up about 71 percent year over year.

Currently, Vietnamese EV drivers rely on VinFast’s V-Green network, which has about 150,000 ports, but these are primarily reserved for VinFast vehicles. Public third-party charging is fragmented and unreliable for those who do not own chargers that are dedicated to a certain manufacturer’s vehicles.

Tesla has had mixed results in Asia as a whole, and as China remains the core part of its story in Asia, the company is evidently working on expanding its footprint on the continent. Tesla’s domestic retail deliveries fell about 12 percent year over year through the first eight months of 2026.

Model Y remains a standout individual product, holding its position as one of, if not the, best-selling vehicles in the world. However, Model 3 has been weaker than it has been in past years.

Gigafactory Shanghai, the company’s Chinese production facility, still performs very well. Wholesale volumes in terms of exports have more than doubled and now exceed domestic retail sales; Giga Shanghai builds vehicles for Europe, South Korea, Japan, Australia, and other markets. South Korea has been an explicit bright spot, with registrations doubling year-to-date and Tesla frequently appearing as the top imported brand.

Tesla just did something in South Korea that no foreign carmaker has ever done

Tesla’s entrance into Vietnam signals a broader effort to take over the Asian market and grab more market share from rivals.

Continue Reading

Elon Musk

Elon Musk’s companies made up with Apple but OpenAI still on the hook

Elon Musk’s X Corp and SpaceXAI dropped their Apple antitrust suit, leaving OpenAI as defendant.

Published

on

By

X Corp and SpaceXAI, Elon Musk’s social platform and AI venture, have dropped Apple from the antitrust lawsuit that they filed against the iPhone maker and OpenAI last year. In a filing in the U.S. District Court for the Northern District of Texas, attorneys for X and SpaceXAI moved to dismiss the Apple portion of the case, first reported by Reuters. The filing does not explain why the companies are dropping Apple or say whether a settlement was reached.

X and SpaceXAI say they intend to keep pursuing the case against OpenAI, which remains a defendant. That resolves the dispute with one company while leaving the core allegation intact against the other, with no public accounting of what changed in between.

The lawsuit dates to August 2025, when xAI and X sued Apple and OpenAI, arguing that Apple’s decision to make ChatGPT the only generative AI chatbot built into iOS gave OpenAI an unfair structural advantage. The complaint claimed ChatGPT controlled roughly 80 percent of the chatbot market at the time, while Grok held only a few percent. It sought billions of dollars in damages and asked the court to unwind the arrangement.

Elon Musk’s xAI and X file antitrust suit against Apple and OpenAI over AI exclusivity

The filing followed weeks of Musk publicly complaining that Grok and X weren’t appearing in Apple’s “Must Have” App Store section, though Grok ranked second in the Productivity category and X ranked first in News at the time. He accused Apple of “playing politics” and warned of immediate legal action before following through days later.

Apple and OpenAI tried to get the case thrown out, but a federal judge denied both motions in November, ruling the dispute was better suited to summary judgment than an early dismissal. That decision sent the case into discovery, which is presumably what led to Monday’s filing.

The timing is notable given how Musk’s sentiment toward Apple has shifted, with Musk noting that he was open to letting Grok power a revamped Siri after a user suggested Apple replace its aging assistant with xAI’s model.

xAI, the AI venture Musk folded into X Corp last year, has since combined with SpaceX under the SpaceXAI brand. That structure now puts X, Grok and SpaceX’s rocket and satellite businesses under one roof as Musk pushes his AI ambitions beyond chatbots.

OpenAI remains the sole defendant going forward, and Musk’s companies have not said if there’s any changes to those original claims. Apple and OpenAI did not immediately respond to requests for comment on the filing.

Continue Reading

News

Why SpaceX is finishing another space-internet system that isn’t Starlink

SpaceX launched three final O3b mPower satellites Sunday, finishing a lesser known SES satellite network.

Published

on

By

SpaceX had an 87 minute window opening at 2:49 p.m. Eastern on Sunday to fly a Falcon 9 out of Cape Canaveral carrying the final three satellites for SES’s O3b mPower constellation, a project that has taken more than a decade to finish since Boeing and SES first signed SpaceX on for the work.

Unlike the thousands of Starlink satellites SpaceX has stacked into orbit over the years, O3b mPower flies in a different neighborhood entirely. The three new satellites, tagged F11, F12 and F13, are headed for medium Earth orbit at roughly 5,000 miles up, more than ten times higher than Starlink’s shell around 340 miles but still a small fraction of the 22,000 miles where old school geostationary satellites sit. That middle position is the whole point, because a satellite that far out needs far fewer siblings to blanket the globe than a low orbit constellation does. Essentially, SES only needed 13 satellites total to build a network offering quick, steady service that used to require thousands of spacecraft.

With most people having heard plenty about Starlink and almost nothing about O3b mPower, SES and SpaceX already blend the two networks for some customers. Both SpaceX and SES sell satellite broadband, but they’re aimed at different buyers. Starlink is built for volume, direct to consumers, RVs, homes, small businesses, plus a growing aviation and maritime business. O3b mPower skips consumers entirely and sells enterprise grade connectivity to airlines, cruise lines, offshore energy operators, telecoms needing backhaul, and governments, priced and provisioned more like a dedicated circuit.

A 2023 partnership lets cruise ships combine Starlink’s speed with O3b mPower’s steady capacity depending on what a ship needs at a given moment. Sunday’s completed 13 satellite constellation effectively finishes the medium orbit half of that pairing, years after.

Sunday’s mission was already a something on SpaceX’s manifest well before O3b mPower entered the picture. This flight marked its 29th trip to orbit, a history that includes two crewed Axiom missions, the European Space Agency’s Euclid telescope and 22 separate Starlink batches. SpaceX has landed boosters on the droneship A Shortfall of Gravitas so often that Sunday’s touchdown attempt, if it went as planned, was set to be the 661st successful Falcon booster landing to date.

For a company that pushed the Starlink constellation past 11,000 satellites back in August, almost entirely through bulk launches from California, Sunday’s flight was a reminder that SpaceX’s schedule still has room for someone else’s satellites too. SES gets a finished network built for a narrower set of customers, and Falcon 9 gets one more line on an already long resume.

Continue Reading