![]() ![]() ![]() That’s what the agency wanted and liked best? If we had known, we would have instead submitted a proposal that resembled the successful offer, but we could have offered a better price and snazzier features and options. Blue Origin is in the position of every disappointed bidder: Oh. “The Court has no way to perform a hypothetical evaluation to determine whether Blue Origin’s alternative proposal would even be awardable much less have a substantial chance of award. Perhaps the two most interesting revelations are that Blue Origin offered an alternative architecture and increased its offer to put in more of its own money from $2 billion to $3 billion.īlue Origin argued that it would have submitted an alternative proposal if it knew NASA would waive certain requirements as it alleged NASA did with SpaceX, but the Court found the alternative “speculative and unsupported by the record.” Credit: Blue Originįurthermore, the Court found that even if the company did have standing, it would have lost on the merits because it did not show that NASA’s conduct was “arbitrary and capricious or otherwise contrary to law.” Illustration of the “National Team” lunar lander concept (Blue Origin, Northrop Grumman, Lockheed Martin and Draper). Its price was too high and the bid was noncompliant. Government’s position that Blue Origin did not have standing to file suit in the first place because it did not have a substantial chance of winning were it not for the company’s alleged violations by NASA. The 47-page redacted Memoradum Opinion was released this morning.īasically Hertling agreed with the U.S. Government is the Defendant, and SpaceX is a Defendant-Intervenor. Hertling issued his Order of Judgment on November 4 and gave the parties until today to confer and jointly propose redactions to the Memorandum Opinion. ![]() It adds details to the brief statement from Judge Richard Hertling earlier this month that confirmed NASA’s selection of SpaceX for the first HLS system. Court of Federal Claims released the redacted report detailing why it ruled against Blue Origin in its lawsuit against NASA over the Human Landing System (HLS) contract award today. "YOU HAVE BEEN JUDGED!" he posted on Twitter, using a meme of the comic book and film character Judge Dredd.The U.S. Musk reacted in his signature style-with a bit of snark. "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," the company said. The justification for the ruling was not immediately made public, and remained under seal.īlue Origin said in a statement that its complaint had "highlighted the important safety issues with the Human Landing System procurement process that must still be addressed." Judge Richard Hertling ruled in NASA's favor on Thursday. The GAO rejected the company's claims, and Blue Origin took the matter to the Court of Federal Claims. In April, NASA announced it had awarded the contract to Musk's company-a deal worth $2.9 billion.īut Blue Origin filed a complaint about the decision to the Government Accountability Office (GAO), saying the bidding process had been unfair and that NASA should have offered more than one contract. "NASA will resume work with SpaceX under the Option A contract as soon as possible," the agency said in a statement after the ruling. The ruling put an end to a months-long legal battle that had prevented the US space agency from working with SpaceX on the lunar lander called Starship, which will allow Americans to return to the Moon as part of the Artemis program. ![]()
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