NASA halts human moon lander work with SpaceX amid Blue Origin lawsuit

Illustration of SpaceX's Starship landing on the Moon. NASA announced on April 16, 2021 that SpaceX had won the contract for the construction of a lunar lander under its Artemis program. SpaceX image credit
NASA must stop working on its human lunar lander partnership with SpaceX again due to a lawsuit by Jeff Bezos' Blue Origin, further threatening the agency's strict timeline for returning astronauts to the Moon.

NASA announced in mid-April that SpaceX would construct the Human Lander System, which will transport astronauts from lunar orbit up to the surface for the Artemis 3 mission. It was due to fly in 2024. NASA has not been able to work on the partnership since that announcement, due to numerous objections from Blue Origin who also competed for it.

Blue Origin filed a lawsuit against NASA on Aug. 13, after Blue Origin rejected its first complaint regarding the contract. The Court of Federal Claims hears only cases against the U.S government. In exchange, the agency agreed to suspend the project for 2.5 month and resolve the lawsuit before the deadline.

Related: NASA selects SpaceX Starship to land Artemis astronauts onto the moon

NASA officials sent a statement to Space.com stating that NASA had voluntarily stopped work with SpaceX on the human landing system (HLS), Option A contract, effective Aug. 19, through Nov. 1. "In exchange for this temporary stop of work, all parties agreed on an expedited litigation calendar that will conclude on Nov. 1. NASA officials continue to work with the Department of Justice in reviewing the details of the case. We look forward to a prompt resolution of the matter."

NASA's Artemis program, which will return astronauts to orbit the moon, is built on partnerships between American businesses. This follows the same model that it used with its commercial cargo and crew programs associated with the International Space Station. NASA chose to partner with a commercial company to transport astronauts to the lunar surface.

There were three groups that submitted proposals for the job: Dynetics, SpaceX and a National Team headed by Blue Origin. Many people expected NASA to select two of these groups, just as it did for its space station contracts. However, Congress allocated $850 million less than NASA requested. This is a significant decrease from the $3 billion Congress had allotted for NASA's program.

NASA awarded only one contract to SpaceX. SpaceX had submitted the lowest bid and was planning to modify its Starship vehicle, Super Heavy booster, and Starship vehicles to the task. Blue Origin and Dynetics immediately asked the Government Accountability Office to review NASA's decision. This forced a pause in the project. The GAO announced on July 30 that it would allow the selection to stand.

Blue Origin brought the matter to the Court of Federal Claims two weeks later.

NASA had hoped that the process would go smoothly, but this suit is yet another delay. Artemis' schedule was ambitious. COVID-19 broke ground less than a decade after it was announced. This forced both the government and the companies to stop on-site work.

Other critical pieces of the program were also delayed: NASA's SLS rocket’s crucial green-run series was slow, and the final installment took two attempts. NASA's Office of Inspector General issued a report saying that NASA's lunar spacesuits would not be ready by April 2025.

Many wondered if the new administration would slow down the program after President Donald Trump's 2024 deadline was set. The agency maintained that it would meet the ambitious deadline, provided Congress funds the program, throughout the presidential transition, and after the confirmation of Bill Nelson, the NASA administrator, as President Donald Trump's nominee, many wondered if the new administration would delay the program.

Officials from NASA stated that the agency is committed to Artemis as well as to maintaining its global leadership in space exploration. "With our partners we will go on the moon and stay there to support science investigations, create new technology and create high-paying jobs in preparation for sending astronauts to Mars."

Send Meghan Bartels an email at mbartels@space.com, or follow her Twitter @meghanbartels. Follow us on Facebook and Twitter @Spacedotcom