A federal judge ruled against Blue Origin’s lawsuit against NASA in relation to a $2.9 Billion contract SpaceX was awarded by the space agency.
Federal judge Richard Hertling of U.S. Federal Court of Claims ruled in favor of Jeff Bezos’ company. He also sided with the defense.
CNBC first reported the denial of Blue Origin’s lawsuit.
DailyMail.com reached out to Blue Origin and SpaceX with a request for comments.
Elon Musk, SpaceX CEO, responded with a Judge Dredd meme.
Elon Musk, SpaceX CEO, responded with a Judge Dredd meme.
Blue Origin filed a suit against NASA in August alleging that NASA originally intended to award multiple contracts to Blue Origin for the lunar lander.
NASA ultimately selected SpaceX, which is led by Elon Musk to be the sole provider for the $2.91billion award.
The Bezos founded company said its suit was ‘an attempt to remedy the flaws in the acquisition process found in NASA´s Human Landing System.’
Blue Origin was initially competing with SpaceX and Dynetics for two NASA contracts.
Following the lawsuit, NASA temporarily stopped work on the contract in August.
After Congress cut the budget of the space agency, NASA announced that SpaceX’s Human Landing System would be the sole contractor.
That month, Blue Origin and Alabama-based Dynetics filed a 50-page protest with the Government Accountability Office (GAO), a congressional watchdog.
Musk responded by rolling Bezos, a multibillionaire, and tweeting that he ‘cannot get it up (to space).’
The GAO rejected Blue Origin’s and Dynetics’ protest in July. It found that ‘NASA didn’t violate procurement law or regulation when they decided to make only one award’, striking down Blue Origin’s main argument.
‘The announcement reserved the right to make multiple awards, a single award, or no award at all,’ GAO stated in a press release.
NASA reached its award decision by concluding that it had not received sufficient funding to support one contract award.
Bezos became the first billionaire to enter space in the same month as the GAO rejected his protest. He joined Mark, Wally Funk, an 82-year old space pioneer Wally Funk, 18-year-old student aboard New Shepard’s rocket ship, and his brother Mark.
After the GAO Blue Origin spokesperson said that they believed there were fundamental issues with NASA’s decision. However the GAO was unable address them due to their limited jurisdiction.
They stated that Blue Origin would ‘continue promoting two immediate providers’ as they believe it is the best solution, but not outright legal action.
‘The Human Landing System [HLS]Program must have competition now rather than later, the rep stated, “that’s the best option for NASA and the best for our country.”
Blue Moon, the lunar landing vehicle Blue Horizon was designed to develop for NASA.
Blue Origin has been working to develop its moon landing system, Blue Moon, since 2017.
Blue Origin was a Washington, DC event that Bezos held in 2019.
Blue Origin and Dynetics filed their Days After Blue Origin and Dynetics NASA protested, telling SpaceX to stop building HLMs until the GAO had made its ruling.
The July decision meant Musk could restart work on the lander, part of the larger project to land the first woman and next man on the moon.
Musk also tweeted the strong arm emoticon and the ‘GAO’ response to the General Accounting Office’s denial of a Blue Origin and Dynetics protest in July.
Musk responded to the ruling on Twitter by posting “GAO” with the “strong arm” emoji.
NASA made the initial announcement about the lunar landing contracts in April 2020. Blue Origin was awarded $579 million, Dynetics team $253million, and SpaceX $135million to develop a model of a lander.
According to Blue Origin, the space agency was expected to name two winning teams this year, with both companies receiving lucrative contracts to turn their designs into working spacecrafts.
NASA announced SpaceX as the sole company to build a lunar landing lander on April 16, 2021. It had a contract worth $2.91 Billion, which was significantly lower than Blue Origin’s $5.99 Billion bid.
According to lawyers for Blue Origin, ‘NASA had indicated an overriding intent to make two awards, but due to perceived shortfalls of currently available and anticipated future funds, it made only SpaceX the award. This effectively eliminated HLS competition and effectively locked down immediate and future lunar landing system design, launch, and landing opportunities.
SpaceX unveiled plans for its lander on April 16th. They will use the company’s Raptor engines as well as new technology that draws inspiration from Falcon and Dragon vehicle designs.
The lander will include a large cabin as well as two airlocks for astronaut moonwalks.
NASA announced in April that the Starship architecture was intended to evolve into a fully reusable launch-and-landing system for travel to Mars, the Moon, and other destinations.
Blue Origin claimed in July that NASA had’moved all the goalposts at once’ and that they had made a high risk’ selection.
The company stated that their decision “eliminates opportunities for competition”, significantly narrows the supply base, which not only delays but also threatens America’s return trip to the Moon.”
Blue Origin has been taking aim at Space X via social media. They have posted several infographics underscoring the unprecedented number technologies, developments, operations that have never been performed before for Starships to land on the Moon.’