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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 Full Self-Driving’s European launch frustrations revealed by Elon Musk

Tesla plans to launch Full Self-Driving in Europe later this year, but regulatory bodies are proving to make it a bigger challenge than it needs to be.

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Credit: Tesla Europe and Middle East | X

Tesla Full Self-Driving is set to launch in Europe in the future, but the region’s governing bodies are not giving the suite any chance to move forward, according to CEO Elon Musk, who blames the regulatory processes for robbing citizens of a safer mode of travel.

The automaker revealed late last year that it planned to bring Full Self-Driving to Europe sometime in 2025. However, Musk said that the launch of the suite is being continuously prolonged by both individual and European Union officials, dragging their feet with approvals.

In a post on X on Wednesday, Musk said the company is still dealing with and waiting for approvals from both the Dutch government and the EU’s governing officials, giving an indication that some progress has been made, but ultimately, there are still some bodies that are taking their time:

He continued by stating that the delays are “very frustrating” and they “hurt the safety of people in Europe” because of Autopilot’s statistical prowess, which shows it is much safer than human drivers.

Tesla is readying for the launch of a completely driverless Robotaxi platform in the U.S., which is set to occur in the coming days. While the initial rollout of the platform will be reserved for a select few, public rides are slated for June 22, meaning anyone will be able to come to Austin and hail a Tesla Robotaxi through the company’s smartphone app.

The first Robotaxi without a driver was spotted in Austin yesterday and shared on X:

First Tesla driverless robotaxi spotted in the wild in Austin, TX

Musk dropped several hints that the Robotaxi launch, which has been rumored for June 12, is imminent. For now, the operation will take place in Austin and will eventually expand, likely to California next, as noted in past reports. The City’s official website confirmed that Tesla gained a license as an Autonomous Vehicle operator in the City of Austin earlier this week.

Tesla applied for a similar license in California earlier this year.

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Energy

Tesla Lathrop Megafactory celebrates massive Megapack battery milestone

The Tesla Megapack is the backbone of Tesla Energy’s battery deployments.

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Credit: Tesla Megapack/X

The Tesla Lathrop Megafactory recently achieved a new milestone. As per the official Tesla Megapack account on X, the Lathrop Megafactory has produced its 15,000th Megapack 2 XL battery.

15,000 Megapack Batteries

Tesla celebrated the milestone with a photo of the Lathrop Megafactory team posing with a freshly produced Megapack battery. To commemorate the event, the team held balloons that spelled out “15,000” as they posed for the photo.

The Tesla Megapack is the backbone of Tesla Energy’s battery deployments. Designed for grid-scale applications, each Megapack offers 3.9 MWh of energy and 1.9 MW of power. The battery is extremely scalable, making it perfect for massive energy storage projects.

https://twitter.com/Tesla_Megapack/status/1932578971700638203

More Megafactories

The Lathrop Megafactory is Tesla’s first dedicated facility for its flagship battery storage system. It currently stands as the largest utility-scale battery factory in North America. The facility is capable of producing 10,000 Megapack batteries every year, equal to 40 GWh of clean energy storage.

Thanks to the success of the Megapack, Tesla has expanded its energy business by building and launching the Shanghai Megafactory, which is also expected to produce 40 GWh of energy storage per year. The ramp of the Shanghai Megafactory is quite impressive, with Tesla noting in its Q1 2025 Update Letter that the Shanghai Megafactory managed to produce over 100 Megapack batteries in the first quarter alone.

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Tesla Energy’s Potential

During the first quarter earnings call, CEO Elon Musk stated that the Megapack is extremely valuable to the energy industry. 

“The Megapack enables utility companies to output far more total energy than would otherwise be the case… This is a massive unlock on total energy output of any given grid over the course of a year. And utility companies are beginning to realize this and are buying in our Megapacks at scale,” Musk said.

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Tesla launches “TeslaVision” video contest to celebrate Model Y deliveries

The program marks a revival of Tesla’s popular Project Loveday initiative back in 2017.

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Credit: Tesla Asia/X

Tesla has announced the TeslaVision Contest, a global video showcase inviting fans and owners to highlight the impact of the company’s vehicles on people. 

The program marks a revival of its Project Loveday initiative in 2017, which was extremely well-received by the electric vehicle community. 

A Contest to Celebrate the New Model Y

As per the TeslaVision contest’s official website, the program is being rolled out to commemorate the launch and deliveries of the new Model Y across all continents. Thus, the contest could be seen as a global celebration and showcase of owners and fans who made Tesla the household brand that it has become today.

Participants are tasked with creating a 90-second or shorter video demonstrating how Tesla vehicles provide “more freedom, more safety, more fun, more convenience.” Submissions must be uploaded to YouTube and shared on X and Instagram with the tag @Tesla and the phrase “TeslaVision contest.” 

Videos must align with Tesla’s mission to accelerate sustainable energy, be suitable for all ages, and avoid references to non-Tesla brands. English text or voice-overs are required, and entrants must relinquish rights to their content for Tesla’s commercial use.

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https://twitter.com/Tesla/status/1932559030892802153

A Big Prize Awaits

When Tesla launched Project Loveday in 2017, the company noted that the contest’s winner would receive an all-expenses paid invitation to an upcoming Tesla product launch. For TeslaVision, the grand prize is a lot more tangible, with the winner receiving a new Model Y AWD. They will also get an all-expenses-paid trip to Gigafactory Texas. Second and third-place winners will also receive a Giga Texas tour. 

Finalists will be selected based on creativity, originality, relevance to the prompt, and entertainment value. Tesla will shortlist 100 videos, with the top 10 subject to public voting to influence the final judging. The contest is open to legal residents of the United States, Mexico, and Canada, aged 18 or older, with a valid driver’s license and Tesla account. No purchase is necessary, though entries are limited to just one per person. 

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