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.
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
P.O.Box 1262
Cortaro, AZ 85652
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.
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.
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
P.O.Box 1262
Cortaro, AZ 85652
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.
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.