!. NASA is not a regulating body. It has no say in how commercial companies conduct business, on earth or in space.
2. Yes, NASA could get to Mars. Assuming someone is willing to pay for it.
3. Mars One will never generate enough money to get one person beyond Earth orbit, never mind to Mars.
4. Should they somehow amazingly beyond all comprehension get people to Mars, well, that's on them. The company has been pretty open to it's intentions and is far from "misleading" potential colonists.