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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 says fixes on Full Self-Driving’s two biggest issues are on the way

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Tesla Full Self-Driving is set to receive improvements to address its two biggest issues, according to a company engineer.

Director of Engineering at Tesla AI, Phil Duan, revealed in a post on X that improvements to both pothole avoidance and navigation “are coming,’ something we have heard many times in the past. However, there are a few things that seem to hint that things might be different this time around.

Pothole avoidance, navigation, speed control, and left lane camping are some of the most prevalent and frequently mentioned shortcomings of the Full Self-Driving suite. These are a few of the biggest issues that have kept Tesla Full Self-Driving as a Supervised suite, meaning drivers must remain attentive during operation.

Pothole Avoidance

Pothole avoidance was first mentioned as an “Upcoming Improvement” with the Tesla Full Self-Driving v14.3 update back in early April of this year. It was listed alongside “Expand reasoning to all behaviors beyond destination handling.”

Tesla is fixing Full Self-Driving’s pothole problem

It’s been six months since we first saw pothole avoidance explicitly mentioned, and it has not moved beyond that and joined the main release notes yet.

Tesla has not shed any light on why pothole avoidance has been such an issue for it to solve, but it also has issues identifying large bumps much of the time, so its modeling of sudden changes in road conditions is likely pretty weak at this particular point. I’ve had more issues with large bumps than potholes, personally, but both are issues that need to be resolved.

It makes sense that things might be pretty close to being released to the public, as we are going on such an extensive period of time between it being mentioned and it actually being deployed.

Navigation

Navigation is likely the most painful part of using Full Self-Driving, as it routinely takes strange routes, has trouble with local rules (like Except Right Turn Stop Signs in Pennsylvania), and sometimes does not realize that maneuvers it is suggesting are against the law. Turning out of my neighborhood, you cannot turn left, yet my Model Y still suggests it roughly 70 percent of the time when I’m leaving.

However, Tesla might be close to a breakthrough on this. With the Summer Update, Tesla added “Preferred Routes” alongside “Automatic Navigation.”

Preferred Routes prioritized roads that the driver had actually taken before, instead of always defaulting to what the vehicle believes is the most efficient path. This has already solved many of my issues. Formerly, I would turn off the Online Routing setting, and that would eliminate most of my complaints with routing, but then you lose out later on the Live Traffic Visualization.

Tesla’s Navigation has improved tremendously thanks to the Preferred Routes release with the Summer Update, but it still could use some polishing, as it still suggests strange routes from time to time, and it also has a lot of issues getting out of a parking lot. I find that those truly confuse FSD sometimes.

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SpaceX’s midnight spy satellite launch quietly set a new record

Falcon Heavy launched its first NRO mission while SpaceX landed four boosters in one day.

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SpaceX's Falcon Heavy lifts off from Launch Complex 39A at NASA's Kennedy Space Center at 11:54 p.m. ET on October 1, 2026, carrying the classified NROL-97 mission for the National Reconnaissance Office. (Credit: SpaceX)
SpaceX's Falcon Heavy lifts off from Launch Complex 39A at NASA's Kennedy Space Center at 11:54 p.m. ET on October 1, 2026, carrying the classified NROL-97 mission for the National Reconnaissance Office. (Credit: SpaceX)

SpaceX closed out one of its busiest days ever with a midnight Falcon Heavy launch from Florida, and the rocket’s two side boosters came home to finish off a landing record the company had never set before.

Falcon Heavy lifted off from Launch Complex 39A at NASA’s Kennedy Space Center at 11:54 p.m. ET Thursday carrying NROL-97, a classified payload for the National Reconnaissance Office. It was the first time the NRO has flown on Falcon Heavy after 22 missions on Falcon 9, and the first NRO mission bought through the National Security Space Launch Phase 3 Lane 2 contract awarded in 2025, according to Spaceflight Now.

Roughly eight minutes after liftoff, side boosters B1104 and B1072 touched down at Landing Zones 1 and 2 at Cape Canaveral Space Force Station, setting off double sonic booms across Brevard County. B1104 was flying for the second time and B1072 for the fourth. Both last flew on August 30 on NASA’s Nancy Grace Roman Space Telescope, making NROL-97 the quickest turnaround between Falcon Heavy missions to date. The brand new center core, B1106, was expended in the Atlantic so the payload could reach its high energy orbit, and SpaceX’s mission page noted the fairing had previously flown on the NROL-95 mission in July.

The two landings capped a record for SpaceX. Earlier Thursday, Falcon 9 booster B1101 returned to Landing Zone 40 after sending the Crew-13 astronauts to the International Space Station, and another Falcon 9 launched the Transporter-18 rideshare with 130 payloads from Vandenberg Space Force Base in California. Spaceflight Now reported it was the first time SpaceX has landed four boosters in a single day, wrapping up the triple header Teslarati previewed on Wednesday.

The mission also brought Landing Zone 1 back for what may be its final landing. SpaceX first landed an orbital class booster there in December 2015, but its lease on the former Launch Complex 13 site ended in 2025 as the company moved Florida landings to new pads at its own launch complexes. With LZ-40 already holding the Crew-13 booster, SpaceX brought LZ-1 back into service for one more night. Launch tracker Next Spaceflight listed NROL-97 as the final expected landing at the site.

NROL-97 adds to a fast growing stack of national security work for SpaceX. The company has flown four Space Force missions from Vandenberg since mid August, several believed to carry Starshield satellites, pushing its Pentagon contract total for 2026 past $8 billion. Elon Musk was also named this week to help lead the Pentagon’s Project Meridian study on the future of warfare.

The Florida doubleheader stood out for another reason. The Space Coast saw only one launch in all of September as SpaceX shifts more of its East Coast infrastructure toward Starship, which reached orbit for the first time on Flight 14 just three days earlier.

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Investor's Corner

Tesla deliveries best Wall Street guesses alongside second-best energy quarter

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Credit: Tesla Europe & Middle East | X

Tesla (NASDAQ: TSLA) reported strong delivery figures that beat Wall Street guesses, and they were revealed alongside the company’s second-best quarter in terms of energy deployments ever.

Tesla announced this morning that it delivered 486,532 cars in Q3, while producing 464,391, exceeding analyst consensus, which sat around 462,000 units.

Meanwhile, Tesla reported 13.7 GWh of energy storage deployed for the quarter. That’s the second-best quarter Tesla has ever reported on that side of things.

Vehicle Deliveries

Deliveries were strong, and it was another quarter when Tesla had the opportunity to outshine the Wall Street pundits who are quick to criticize and slow to give credit. Tesla saw a slight decrease in deliveries compared to Q3 2025, but Tesla still had the $7,500 EV Tax Credit to use to help incentivize consumers to pick an EV.

A small decrease of 2.1 percent is pretty telling because it shows Tesla does not need massive federal credits to convince consumers to purchase its vehicles.

It was also the company’s third-best performance all-time in terms of deliveries, trailing that of Q3 2025 with 497,099 deliveries and Q4 2024, when the company handed over 495,570 cars.

We reported several days ago that Tesla Showrooms across the United States were completely bare of inventory or unclaimed units. Many locations also removed Demo Drive units, which had been bought by customers looking to take delivery sooner.

Tesla showrooms picked clean ahead of Q3 end as demand looks strong

Energy Generation

Tesla’s Energy Generation performance in Q3 was also very strong, as the company deployed 13.7 GWh of energy storage over the past three months. The only quarter when Tesla reported stronger energy deployment figures was Q4 2025, when 14.2 GWh of energy storage was deployed.

Tesla’s Q3 performance in energy generation has continued to grow each quarter, with the company increasing its deployments by ten-fold since Q3 2021, when just 1.3 GWh was deployed.

It is also nearly double what it was in Q3 2024, when the company reported 6.9 GWh. This is one of Tesla’s quickest-growing divisions, and it flies under the radar with fans and analysts, as many are focused on self-driving or the vehicles themselves.

Tesla Stock

Shares rose 5.07 percent to $372.06 at just after 10 a.m. on the East Coast. This is a rarity for Tesla after a strong delivery report, as positive news usually brings the stock down. Many quarters with extremely robust delivery reports have not been as kind to the Teslanaires of the world.

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