NASA Statement on Court’s Dismissal of Blue Origin Lawsuit on Human Landing System Award

Artist concept of the SpaceX Starship on the surface of the Moon. (Credits: SpaceX)

WASHINGTON (NASA PR) — NASA was notified Thursday that the U.S. Court of Federal Claims denied Blue Origin’s bid protest, upholding NASA’s selection of SpaceX to develop and demonstrate a modern human lunar lander. NASA will resume work with SpaceX under the Option A contract as soon as possible.

In addition to this contract, NASA continues working with multiple American companies to bolster competition and commercial readiness for crewed transportation to the lunar surface. There will be forthcoming opportunities for companies to partner with NASA in establishing a long-term human presence at the Moon under the agency’s Artemis program, including a call in 2022 to U.S. industry for recurring crewed lunar landing services

Through Artemis missions, NASA will lead the world in landing the first woman and first person of color on the lunar surface, conduct extensive operations on and around the Moon, and get ready for human missions to Mars.

NASA Statement on Blue Origin Lawsuit with the United States Court of Federal Claims

NASA public affairs has issued this statement:

“NASA was notified that Blue Origin filed a bid protest with the United States Court of Federal Claims (COFC) following the denial of the protests filed with the U.S. Government Accountability Office (GAO) regarding NASA’s selection for the human landing system (HLS) Option A award. NASA officials are currently reviewing details of the case.

NASA is committed to the Artemis program and the nation’s global leadership in space exploration. With our partners, we will go to the Moon and stay to enable science investigations, develop new technology, and create high paying jobs for the greater good and in preparation to send astronauts to Mars. As soon as possible, the agency will provide an update on the way forward for returning to the Moon as quickly and as safely as possible under Artemis.”

Blue Origin Sues in Federal Court Over Human Landing System Contract Loss

The National Team’s engineering mockup of the crew lander vehicle at NASA Johnson Space Center’s (JSC) iconic Building  9. (Credit: Blue Origin)

Jeff Bezos’ Blue Origin has filed a lawsuit over its failure to win a NASA Human Landing System to return astronauts to the lunar surface. The lawsuit follows the Government Accountability Office’s (GAO) rejection last month of its appeal of the space agency’s decision to award a single contract to Elon Musk’s SpaceX. Reuters reports:

Blue Origin said its lawsuit filed in the U.S. Court of Federal Claims on Friday is “an attempt to remedy the flaws in the acquisition process found in NASA’s Human Landing System.”

It added it believes “the issues identified in this procurement and its outcomes must be addressed to restore fairness, create competition, and ensure a safe return to the Moon for America.”

Blue Origin’s lawsuit remains under seal. NASA must file a response to the challenge by Oct. 12.

Blue Origin and defense contractor Dynetics have argued that NASA was required to make multiple awards. The GAO said it “denied the protest arguments that NASA acted improperly in making a single award to SpaceX.”

The appeal will likely further delay SpaceX’s development of its lander, which is based on the company’s Starship vehicle.