The National Small Business Association (NSBA) has submitted comments to the Federal Trade Commission (FTC) in response to a request for public comment on reducing anti-competitive regulatory barriers. The NSBA's submission, dated May 27, outlines several priority areas for review, including proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS), the Federal Acquisition Regulation (FAR), and changes to the General Services Administration's (GSA) Multiple Award Schedule (MAS) Program.
The FTC's inquiry follows an executive order aimed at reducing anti-competitive barriers. The NSBA expressed gratitude for the opportunity to provide input, stating: "NSBA is the nation’s oldest small business advocacy organization representing the 70 million owners and employees that make up American small business."
One area of concern highlighted by NSBA is the proposed DFARS amendments related to Cybersecurity Maturity Model Certification (CMMC) 2.0. The association argues that these amendments do not adequately consider their impact on small businesses, particularly regarding the availability of Certified Third-Party Assessor Organizations (C3PAOs). "If DoD fails to address this issue," NSBA warns, "the result may be 'pseudo-assessments' that would be contrary to the very objectives around which CMMC 2.0 was designed."
Regarding FAR amendments addressing controlled unclassified information (CUI), NSBA points out potential costs and burdens on small federal contractors and subcontractors. They recommend that the FAR Council work with the Small Business Administration’s Office of Advocacy to minimize these costs.
The GSA's recent announcement about changes to its MAS Program also drew concern from NSBA. The association fears these changes could diminish participation by small businesses in federal contracts and lead to increased market concentration among larger firms.
NSBA also addressed a draft framework by NIST concerning march-in rights, urging its withdrawal due to potential negative impacts on technology transfer systems that benefit small businesses.
Finally, regarding a non-compete clause rule struck down by a federal court, NSBA recommended its repeal due to potential administrative burdens on smaller entities.
Rachel C. Grey, Director of Research & Regulatory Policy at NSBA, concluded by expressing readiness to assist the FTC in reducing anti-competitive barriers across federal government operations.
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