SpaceX scores first in its suit against the Air Force
A federal judge has denied the motion of the Air Force and ULA to dismiss SpaceX’s suit against their block buy launch contract that excludes competition from any other company.
The judge also required the parties go to mediation to settle their differences. Both rulings give added weight to SpaceX’s main complaint, that the company as well as others should have the right to compete for this Air Force launch work.
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A federal judge has denied the motion of the Air Force and ULA to dismiss SpaceX’s suit against their block buy launch contract that excludes competition from any other company.
The judge also required the parties go to mediation to settle their differences. Both rulings give added weight to SpaceX’s main complaint, that the company as well as others should have the right to compete for this Air Force launch work.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
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You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
No-bid Federal contract? Wasn’t the current Administration going to stop this practice? Some things never change.
The really interesting things to me about the judge’s ruling were the mandatory mediation among SpaceX, ULA and USAF, plus what amounts to a mandated discovery process into the origins of the block buy deal at issue. I think the judge smells something sufficiently rat-like that she’s going hunting for beady little eyes, whiskers and a tail. Things just got really interesting – in the Chinese sense – for ULA and the procurement apparat within USAF.
The mandated mediation is also interesting because it won’t start until mid-October. That’s about the same time that a second small shipment of RD-180’s is supposed to arrive on ULA’s loading dock. The first such shipment is due sometime in August. If, as I strongly suspect, both shipments are still in the wind by the start of mediation, the whole tenor of the process will be quite different than would be the case if it started, say, today.
Lots of twists and turns ahead on this case, folks.