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.
I must unfortunately ask you for your financial support because I do not depend on ads and rely entirely on the generosity of readers to keep Behind the Black running. You can either make a one time donation for whatever amount you wish, or you sign up for a monthly subscription ranging from $2 to $15 through Paypal or $3 to $50 through Patreon.
Your support will allow me to continue covering science and culture as I have for the past twenty years, independent and free from any outside influence.
Your support is even more essential to me because I not only keep this site free from advertisements, I do not use the corrupt social media companies like Google, Twitter, and Facebook to promote my work. I depend wholly on the direct support of my readers.
You can provide that support to Behind The Black with a contribution via Patreon or PayPal. To use Patreon, go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation. For PayPal click one of the following buttons:
If Patreon or Paypal don't work for you, you can support Behind The Black directly by sending your donation by check, payable to Robert Zimmerman, to
Behind The Black
c/o Robert Zimmerman
Cortaro, AZ 85652
Or you can donate by using Zelle through your bank. You will need to give my name and email address (found at the bottom of the "About" page). The best part of this electronic option is that no fees will be deducted! What you donate will be what I receive.