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So it is possible for Jeff Bezos to lose: Court dismisses Blue Origin complaint about Moon contract award to Elon Musk

(2021/11/05)


The US Court of Federal Claims has dismissed Blue Origin’s complaints that NASA unfairly awarded its $2.89bn next-generation lunar lander system contract to SpaceX.

The lander, known as the Human Landing System or HLS, is expected to launch the next man and first woman to the Moon. It's part of NASA’s Artemis program, a project to get humans back on the lunar surface. We haven't been there since 1972.

Commercial aerospace companies like SpaceX, Blue Origin, and Dynetics jumped at the chance to build the spaceship that would take future astronauts to Earth's natural satellite.

[1]

In the end, [2]NASA picked Elon Musk's SpaceX. Frustrated, Blue Origin and Dynetics both filed [3]official complaints with the US Government Accountability Office. Blue Origin’s co-founder Jeff Bezos even [4]offered NASA a $2bn discount to persuade officials to change their minds. When that failed, however, the company [5]sued

[6]PDF

NASA in the US Court of Federal Claims, alleging the space agency had breached its own contract rules by solely awarding the project to SpaceX.

[7]

[8]

But Bezos’ attempt to pry the contract from its top rival failed. The court sided with NASA’s request to dismiss the case on Thursday.

It looks like the tech billionaire is all out of tricks and has finally lost.

Not the decision we wanted, but we respect the court’s judgment, and wish full success for NASA and SpaceX on the contract. [9]pic.twitter.com/BeXc4A8YaW — Jeff Bezos (@JeffBezos) [10]November 4, 2021

NASA confirmed it will resume its collaboration with SpaceX to develop the HLS “as soon as possible,” [11]according to a statement. “In addition to this contract, NASA continues working with multiple American companies to bolster competition and commercial readiness for crewed transportation to the lunar surface.”

“There will be forthcoming opportunities for companies to partner with NASA in establishing a long-term human presence at the Moon under the agency’s Artemis program, including a call in 2022 to U.S. industry for recurring crewed lunar landing services. Through Artemis missions, NASA will lead the world in landing the first woman and first person of color on the lunar surface, conduct extensive operations on and around the Moon, and get ready for human missions to Mars,” it added.

[12]NASA sets a date to begin lunar tuning

[13]More Boots on Moon delays: NASA stops work on SpaceX human landing system as Blue Origin lawsuit rolls on

[14]NASA hopes VIPER rover will search for water in Moon's Nobile crater in 2023

[15]Jeff Bezos wants to build a business park in space

Meanwhile, a spokesperson from Blue Origin told The Register : “Our lawsuit with the Court of Federal Claims highlighted the important safety issues with the Human Landing System procurement process that must still be addressed. Returning astronauts safely to the Moon through NASA’s public-private partnership model requires an unprejudiced procurement process alongside sound policy that incorporates redundant systems and promotes competition.

“Blue Origin remains deeply committed to the success of the Artemis program, and we have a broad base of activity on multiple contracts with NASA to achieve the United States’ goal to return to the Moon to stay. We are fully engaged with NASA to mature sustainable lander designs, conduct a wide variety of technology risk reductions, and provide Commercial Lunar Payload Services. We are also under contract with NASA to develop in-situ resource utilization technology, lunar space robotics, and lunar landing sensor collaboration including testing on New Shepard. We look forward to hearing from NASA on next steps in the HLS procurement process.”

[16]

SpaceX did not respond to El Reg 's request for comment. ®

Get our [17]Tech Resources



[1] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YYmsLBzEdA19eNx@-hp06wAAANM&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[2] https://www.theregister.com/2021/04/16/nasa_spacex_moon/

[3] https://www.theregister.com/2021/05/04/nasa_moon_contract/

[4] https://www.theregister.com/2021/07/26/bezos_nasa_moon/

[5] https://www.theregister.com/2021/08/16/blue_origin_lawsuit/

[6] https://storage.courtlistener.com/recap/gov.uscourts.uscfc.44185/gov.uscourts.uscfc.44185.47.0.pdf

[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YYmsLBzEdA19eNx@-hp06wAAANM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YYmsLBzEdA19eNx@-hp06wAAANM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[9] https://t.co/BeXc4A8YaW

[10] https://twitter.com/JeffBezos/status/1456311095761637384?ref_src=twsrc%5Etfw

[11] https://www.nasa.gov/press-release/nasa-statement-on-artemis-lunar-lander-court-decision

[12] https://www.theregister.com/2021/10/25/nasa_artemis_1_feb_2022/

[13] https://www.theregister.com/2021/08/20/nasa_blue_origin_lawsuit_spacex_voluntary_stay/

[14] https://www.theregister.com/2021/09/21/nasas_viper_rover_to_search/

[15] https://www.theregister.com/2021/10/26/blue_origin_orbital_reef/

[16] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YYmsLBzEdA19eNx@-hp06wAAANM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[17] https://whitepapers.theregister.com/



What comes next?

ShadowSystems

He tried a $2B carrot, then a lawsuit stick, so what comes next from the billionaire Bozos?

Re: What comes next?

Zarno

Hopefully not a showing of the darker side of his moon...

Re: What comes next?

Joe W

Dunno, if it was the other guy he'd call people "paedo" (that was the other guy, right?)

So the court says it is reasonable to go with a supplier that has proven space (not "close enough to space that the weakest definition holds"-space [*]) flight capabilities. How quaint and reasonable ;)

[*] ok, I now define space as being FL 100. I have actually piloted a plane above FL 100. So I want my astronaut wings. Yeah. Right.

Re: What comes next?

Howard Sway

He'll build his own moon. As in "That's not a moon, it's a space station".

Re: What comes next?

I ain't Spartacus

I'm not sure anything comes next. Blue Origin got slaughtered in court. NASA got the case dismissed, which doesn't happen all that often. The court decided that their grounds were so poor that it wasn't even worth hearing all the evidence and judging the case. So chucked them out on their ear.

I'm sure they could try appealing this, but I'm presuming that now they're actually going to listen to their legal advice now and give up on a bad job.

NASA picked the cheaper bid from the company with experience and a proven track record of delivering for them. Also who already have a working (despite the odd explosion) prototype. Done in an open process, where they were actually quite nice about Blue Origin. The decision is reasonable on cost grounds alone.

I presume that Blue Origin were trying to argue that they should also have got a contract. But seeing as NASA didn't promise that, they only said they'd do it if they got the budget, I'm guessing that got short shrift. With not much hope of any long shrift on appeal...

Re: What comes next?

Wellyboot

This is a small but welcome development in the recent 'I lose > I sue' cycle from Tech mega-corps.

No business is entitled to public cash just because they've been involved in bidding for a job.

Re: What comes next?

John Brown (no body)

Is that the old JEDI mind trick? "This is not the contract you are looking for" :-)

Re: What comes next?

Hopalong

I am sure the ULA would love to see some flight ready BE4 engines, only 4 years late.

JohnG

I liked Musk's comment on the case a few weeks back "You can't sue your way to the Moon, no matter how good your lawyers are".

"Jeff Bezos even offered NASA a $2bn discount [to change their mind]"

Pascal Monett

I believe that that is actually called a bribe.

Re: "Jeff Bezos even offered NASA a $2bn discount [to change their mind]"

Kane

"I believe that that is actually called a bribe."

Meh, it looks like a bribe, but seeing as actual money hasn't changed hands as such, it would be better to call it an incentive .

Re: "Jeff Bezos even offered NASA a $2bn discount [to change their mind]"

Wellyboot

No No NO

only 10% of the $2Bn will be bribes...

It'll all be set against future tax so it's really a delayed payment from the public pocket.

We need a half joking icon.

Re: "Jeff Bezos even offered NASA a $2bn discount [to change their mind]"

HildyJ

No. As the judge pointed out, Bezos bid as high as he could and still come in second. The $2b was just an attempt to rebid with the fat taken out.

Re: "Jeff Bezos even offered NASA a $2bn discount [to change their mind]"

Sleep deprived

No, he just offered free shipping.

Re: "Jeff Bezos even offered NASA a $2bn discount [to change their mind]"

msobkow

Zing! Wish I'd have thought of it... :)

Chris G

I think NASA was concerned that Bozos' lander might not be able to find the landing site, so would just land behind a mountain range in any old crater.

I ain't Spartacus

Then open one of the Clanger's dustbin lids and randomly leave the astronauts inside and fly off again.

hoola

Not forgetting the Soup Dragon.......

obligatory xkcd?

Dante Alighieri

http://pigeonsnest.co.uk/stuff/nasa-fakes-moon-landing.html

will assist with this line of comments

It's a recovered website. I remember the original

Sorry too have missed you

Falmari

@Chris G More likely NASA was concerned that the lander would not land, just leave a note that no one was in and then return to the mothership. ;)

A Rhyme

Scott Broukell

Old Bill Shat(i)ner space ship as it soared up high,

in Zero-G he pressed the flush and the captains log went floating by.

I'd rather see NASA do the work

Version 1.0

Back in the old days NASA engineers did the work and fixed problems repeatedly very well - but these days the work is sold to private individuals companys so the work gets done and someone's going to make a nice profit. People are complaining about a $2B "bribe" but the contract winner will just "donate" to the next president ... essentially bribes and political donations are pretty much the same thing in the UK ... and the UK too.

Re: I'd rather see NASA do the work

I ain't Spartacus

NASA always had private contractors doing most of the work. Grumman built (and designed I think?) the lunar module, Boeing built the Apollo capsules. NASA designed the Saturn rockets, but put it out to various contractors to build them.

SpaceX have been the lowest bidder on the contracts they've won - and produced working hardware, so far. And they've certainly done better than NASA on SLS - though with a quick search I'm still not sure how much of the design of that is NASA and how much is Boeing.

Re: I'd rather see NASA do the work

msobkow

NASA only designed the parts that work... as usual when dealing with government contractors. Boeing is responsible for the usual state of things under their watch.

How can one spend SO many decades in aerospace in contracting and STILL not have the processes and procedures down for producing QUALITY solutions instead of explosive bandaids and fizzling paper clips?

Hey Bezos!!!

John Brown (no body)

You can't even get to orbit yet!

And how much have you just cost NASA, SpaceX and the public purse by causing this legally shakey delay? Maybe a counter-suit from SpaceX, NASA and the Government for malicious time wasting since the court didn't even see fit to bother hearing all the evidence because the case was so shaky. I bet your legal team told you that too.

Re: Hey Bezos!!!

werdsmith

It's possible but I doubt Jeff reads The Register comments.

So if you want to address him directly, you have more chance with Twitter.

msobkow

Bribing them didn't work...

Suing them didn't work...

What is it going to take to get my way? Do they seriously expect me to take "No" for an answer?!?!?!

*rages and screams, veins bulging and eyes popping*

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