Court: Blue Origin bid for NASA’s lunar lander contract a failure on all counts
The U.S. Court of Federal Claims today released its detailed report on why it dismissed Blue Origin’s lawsuit against NASA’s contract award to SpaceX’s Starship for its manned lunar lander, essentially saying that the lawsuit was a joke. From the report itself [pdf]:
The Court finds that Blue Origin does not have standing because it did not have a substantial chance of award but for the alleged evaluation errors. Its proposal was priced well above NASA’s available funding and was itself noncompliant. Blue Origin argues that it would have submitted an alternative proposal, but the Court finds its hypothetical proposal to be speculative and unsupported by the record. The Court also finds that several of Blue Origin’s objections are waived.
Even if Blue Origin had standing and its objections were not waived, the Court finds that it would lose on the merits. Blue Origin has not shown that NASA’s evaluation or its conduct during the procurement was arbitrary and capricious or otherwise contrary to law. NASA provided a thorough, reasoned evaluation of the proposals, and NASA’s conduct throughout the procurement process was not contrary to law.
The court’s analysis makes Blue Origin’s effort here look embarrassing. The company submitted a weak, overpriced bid, and when it lost on the merits, it then cried foul and said it would have done something different had it known. Neither the court, the GAO, or NASA considered this approach a good recommendation for Jeff Bezos’ company.
The time for lawsuits is over. If Blue Origin wants to compete in the new commercial space industry, it had better start doing it. Right now it acts like it is entitled to success, instead of working hard to achieve it.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit.
The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
The U.S. Court of Federal Claims today released its detailed report on why it dismissed Blue Origin’s lawsuit against NASA’s contract award to SpaceX’s Starship for its manned lunar lander, essentially saying that the lawsuit was a joke. From the report itself [pdf]:
The Court finds that Blue Origin does not have standing because it did not have a substantial chance of award but for the alleged evaluation errors. Its proposal was priced well above NASA’s available funding and was itself noncompliant. Blue Origin argues that it would have submitted an alternative proposal, but the Court finds its hypothetical proposal to be speculative and unsupported by the record. The Court also finds that several of Blue Origin’s objections are waived.
Even if Blue Origin had standing and its objections were not waived, the Court finds that it would lose on the merits. Blue Origin has not shown that NASA’s evaluation or its conduct during the procurement was arbitrary and capricious or otherwise contrary to law. NASA provided a thorough, reasoned evaluation of the proposals, and NASA’s conduct throughout the procurement process was not contrary to law.
The court’s analysis makes Blue Origin’s effort here look embarrassing. The company submitted a weak, overpriced bid, and when it lost on the merits, it then cried foul and said it would have done something different had it known. Neither the court, the GAO, or NASA considered this approach a good recommendation for Jeff Bezos’ company.
The time for lawsuits is over. If Blue Origin wants to compete in the new commercial space industry, it had better start doing it. Right now it acts like it is entitled to success, instead of working hard to achieve it.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
Lex Luthor foiled again.
Don’t slander Mr. L’s name so!
His Lex-Soar was a thing of beauty….unlike Bozo’s gherkin.
Jeff Bezos gets the last laugh… He has friends in high places.
“The NDAA includes a $10 billion subsidy to Bezos’ Blue Origin space exploration company”
https://childrenshealthdefense.org/defender/bezos-defense-spending-taxpayer-space-project/
Max: Most interesting. I am doing some digging. This has not passed yet, and will likely face some opposition from both Democrats and Republicans. Still, this corrupt deal needs to be highlighted.