UPI reports that Federal Claims Court judge Richard Hertling has dismissed Blue Origin’s lawsuit seeking to overturn NASA’s award of a $2.9 billion contract to SpaceX to develop a lander to return astronauts to the lunar surface.
Hertling’s dismissal order cited a sealed opinion that he signed. The order said the court wants the parties to the lawsuit to propose redactions to the opinion by Nov. 18 so the document can be publicly released.
This dismissal was the second defeat in Blue Origin’s effort to overturn the award. The Government Accountability Office (GAO) rejected the company’s appeal in July.
Blue Origin has argued that NASA unfairly evaluated its $5.9 billion bid. The company also claimed the space agency failed to properly evaluate the risks of SpaceX’s plan to adapt its Starship vehicle to serve as the lunar lander.
Blue Origin’s lawsuit had led to a freeze in work by SpaceX and NASA on the human lander. The space agency said the work will now resume in a statement issued on Thursday.
Blue Origin has unsuccessfully campaigned for NASA to award a second contract. Company founder Jeff Bezos said the company would be willing to reduce its cost by $2 billion to make the bid more affordable.
NASA has defended its decision by saying it did not have enough funding to award two contracts and still meet a goal to return astronauts to the moon by 2024. The space agency asked for $3.2 billion to fund the lander last year, but Congress appropriated only $850 million.
NASA has funded SpaceX through development of the lander and a demonstration flight that will land two astronauts on the surface. The space agency will open competition for future missions.