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Confessions
of a "woman-owned business" owner: how I learned to
love quotas
WELL, I FINALLY did it.
I bit the bullet and got certified as a WOB: a woman-owned
business. It took a roots-up, religious-type conversion--I'd
walked in darkness, then I saw the light. And now that I am
a proud--or do I mean "humble"?--official victim,
my company is entitled to all kinds of preferential treats.
Whether ordained by law, as in government contracting, or
as an example of aggressive good-guy-ism in the P.R.-conscious
private sector, or even as a hopeful prophylaxis against employee
or shareholder lawsuits, a passel of lucrative work is reserved
for those with the best-crafted claims to prior oppression. |
Well-wishers had been after
me to go WOB for years, but I refused. Until my revelation,
I regarded set-asides as strictly a pat on the head for second-raters.
My company, Art-kraft Strauss, has been providing signs and
outdoor advertising-and paying taxes--since 1897. We'd never
imagined ourselves qualified for charity. Our firm gets and
keeps customers by fulfilling their contracts, not by invoking
their pity. Besides, using sex to get work smacks of a profession
even older than sign building. The whole endeavor struck me
as disreputable.
But then I realized I was
a victim of something even more pernicious than discrimination:
pride.
My chief of operations,
Jimmy, put the matter into perspective. "What are you,
nuts?" he asked, reminding me of how many hoops we've
jumped through and rings we've kissed over the years to get
jobs. "How's this different?" he wanted to know.
"If a job is set aside for guys named Jimmy, my name
is Jimmy, I'll take it!" Jimmy was right: Business is
business.
A bank's name change provided
the tipping point. We sign people love bank mergers. Every
sign, canopy, directory, ATM, teller cage, and nameplate has
to be replaced--sometimes, in the spirit of the famous Asiatic
Fire Drill, overnight, per schedules set forth in the new
company's new charter.
This particular changeover
involved nearly 1,000 branches in five states. And as I learned
when my phone started ringing off the wall with joint-venture
pleas from companies I'd never heard of, the taking-over bank
had a "utilization rate" of 18 percent. That is,
nearly one-fifth of the money spent on construction work would
go to WOBs or MBES (i.e., minority business enterprises; presumably
for reasons of euphony, minority-owned businesses generally
are called MBEs rather than MOBs). Given how rare such businesses
are in the sign trades, at least here in the Northeast, this
cake had been baked for me.
Indeed, at the pre-bid
conference, the bank's construction consultants were thrilled
to see a genuine WOB among the bidders. Apart from the responsibility
of physically reconfiguring a thousand banks, they had the
head-scratching duty of coming up with the magical 18 percent
of oppressed beings.
Their faces fell, however,
when they learned I lacked certification. It turns out that
it isn't enough to be a WOB; one has to be an officially certified
WOB. The contract was to be awarded in only to days, and all
the paper had to be in place. But state certification can
take six to eight months, they told me, because of the volume
of applicants and the demanding nature of the process.
Not to worry, I told them.
While Jimmy and his crew
worked on the bid, I worked on the red tape. Getting certified
as a WOB is something like getting certified insane: It takes
time and talent. As I filled out forms and assembled documentation,
I wondered how people who are authentically disadvantaged--or
who may not have certified public accountants and English
majors on staff--manage it. Anyone who can produce three years
of audited financial statements, five years of income projections,
a sheaf of valid "Rated-A" insurance certificates,
answers to stacks of multiple-choice and essay questions,
a book of "minority utilization reports," and a
portfolio of supplier and customer references, bank references,
and character references probably qualifies for a $100 million
line of credit, if not an MBA.
In went the bid, marked
"Certification Pending," and into the bowels of
the New York State Division of Human Rights went the WOB application.
Undercover Brothers
Not 36 weeks but a mere
36 hours later, the Division of Human Rights called to schedule
my interview to complete the process. How did I accomplish
this feat? In an example of the old-fashioned "networking"
that affirmative action is supposed to obviate, a confederate
at my insurance company called a counterpart whose sister-in-law
works in Albany, and our application miraculously migrated
from the bottom of the pile to the top. But hey, by now I
wanted the job.
The prospect of an investigator's
coming in to establish my female bona fides evoked the image
of a burly guard out of a 1950s Women's House of Detention
movie marching me into the ladies' room and demanding to see
the cut of my undergarments. Instead, the investigator turned
out to be a grave young man attired in a three-piece suit
with Edwardian collar and gold watch fob. He requested my
company's original charter and certificate of incorporation;
all minutes and bylaws and amendments from inception to date;
all stock certificates issued, canceled, and outstanding;
and the factory's original certificate of occupancy--a complete
set of century-old documents, much of which I managed to produce
by sheer luck. The investigator took careful note of my office
d,cor, plants and curtains evidently witnessing more in my
favor than cordovan leather and sports memorabilia would have.
What he was really looking
for, he explained, was uncles and brothers hiding under the
desk. "You'd be surprised," he told me flintily,
"how many people try to put one over on us."
No, I wouldn't. Not with
all those set-asides in the offing. Add the 10 percent price
bonus the designated oppressed are entitled to charge--"price
evaluation adjustment," in federal procurement-speak--and
the incentive to fudge becomes overwhelming.
Set-asides and "evaluation
adjustments" are as pervasive at the big-business end
of the private sector as they are in government contracting.
Expensive and inefficient these programs may be, but lawsuits
are worse. The best defense against discrimination claims,
corporate officers are constantly told, is an explicit, detailed,
and overarching "affirmative action program" respecting
hires, fires, and contracting. Point to this program, and
a bevy of bugbears, from disaffected employees to muckraking
journalists, will disappear. Besides, it's good P.R., and
it allows corporate policy makers to feel good about themselves.
They're entitled to some self-esteem too.
These incentives give rise
to preferences of mind-boggling complexity. Consider the "utilization
chart" from a bid that came across my desk. It's for
$9.5 million worth of work at a laboratory in Princeton, New
Jersey. The categories can be sliced and diced indefinitely,
creating a dazzling array of permutations. They may specify
non-Dominican Caribbeans or non-Korean Asians, disabled people
of various stripes, or inhabitants of selected neighborhoods.
The utilization rate for
suppliers of "No. 1 Diesel And No. 4 Fuel Oils"
adds up to 300 percent, a footnote explains, because "incumbent
supplier is a disadvantaged, women-owned, HUBZOne small business."
(A HUBZone small business is one in a "Historically Underutilized
Business Zone.") Try competing with that!
I suppose it's not so different
from the old days, when the incumbent supplier was apt to
be the project manager's brother-in-law--but it certainly
isn't an improvement. The old-time project manager wasn't
forced to hire his brother-in-law, and he might even have
had a chance of exercising some quality control over him.
In this new, desperate rush to hire one-eyed Central Asians
from south of the railroad tracks, price and quality necessarily
weigh second at best.
My investigator congratulated
me on passing his tests, apologized for their complexity,
and shook my hand. My WOB documentation came through the next
day. To my disappointment, it was not the fancy, frameable
certificate dripping with ribbons and seals that I believed
all my effort and angst--not to mention my newfound oppressed
status--entitled me to, but just a faxed letter from the New
York State Division of Human Rights.
Why'd We Wait?
It's still difficult for
me to grasp just what is so hapless about us WOBs and MBEs
that we merit entire taxpayer-funded bureaucracies to handhold
us through the process of participating in the U.S. economy.
According to the U.S. Census Bureau's 1997 Economic Census,
the latest for which comprehensive data are available, both
women-owned and minority-owned businesses are growing at a
rate more than four times the national average. Between 1992
and 199% the number of MBEs grew by 33 percent and the number
of WOBs grew by 37 percent, while the total number of firms
grew by only 7 percent.
In 1997 women owned 10.1
million American businesses (up from 6.4 million in 1992),
or 46 percent (up from a third) of all domestic firms. They
employed more than 18 million people (up from 13 million five
years earlier), or one worker in seven, generating $2.3 trillion
in revenues (up from $1.6 trillion). Similarly, revenues of
the nation's 2.8 million minority-owned firms (up from 2.1
million in 1992) rose 60 percent, to $335.3 billion, while
revenues for U.S. firms as a whole--an aggregate that includes
these high achievers--increased by just 40 percent.
Growth rates during the
previous five years were comparable, and nothing suggests
that they have slowed down since. Clearly these sectors are
dusting the rest of the economy. In fact, these stunning rates
of expansion would be even greater if the Census Bureau hadn't
decided in 1997 to change the way it defines MBEs and WOBs,
omitting entire categories of firms that were previously counted.
Publicly traded companies were dropped, along with firms whose
successful, qualifying founder gave up equity to raise additional
capital for growth.
It's impossible to say
how much MBE-WOB growth is driven by "utilization goals"
and set-asides. A contrary theory holds that old-fashioned
prejudice, glass ceilings, and corporate inflexibility--the
nexus of oppression--do more to stimulate minority and female
entrepreneurship than all the set-asides combined. New business
founders are preponderantly impatient refugees from the establishment.
Hopefully not too impatient.
My certification trials were not yet over: I had yet to be
named to the customer's "Approved M/WBE Vendor List,"
for which the state certification is only a prerequisite.
To this end, the bank summoned me to an interview at its headquarters
across town. I asked my assistant to call me a cab. "I'm
taking a limo to Park Avenue," I told her, "to get
us approved as oppressed persons." She rolled her eyes.
In the bank's burnished
conference room I faced a photogenic board of equality facilitators
that looked like a magazine ad for Your Friendly Utility Company:
three men and three women, one from each of the currently
approved minority groups. Big corporations maintain entire
departments to monitor employee racial balance and vendor
affirmative action compliance, so I wasn't surprised that
the bank's don't-call-it-quotas crew reflected those ideals.
But they already had all my information: the same financial
statements, the same business and personal and bank and insurance
references I'd submitted to the state. So what was left for
them to administrate but my attitude?
Which was sorely tried.
I felt like a criminal waiting to be discovered. The whole
setup bore an unfortunate resemblance to a parole board hearing.
I knew I was a fraud, participating
in a charade for which Adam Smith should have ordered the
whole lot of us taken out and shot. At the same time, I was
taking lightly the principles that provided not only their
livelihood but the justification for their existence. Trapped
between my conscience and the wrath of scorned bureaucrats,
my future appeared foreshortened.
Still, the first part of
the meeting reduced me to a confused state of complacency.
I'm used to competing for jobs, not being helped over the
finish line and shown how to fill out payment requisitions.
The nice people explained the advantages of being a WOB in
such a way that it hardly seemed a boondoggle. After all,
they told me, the contractor has to be able to perform the
work; getting one's company on "approved vendor"
lists is no different from any other form of marketing. Marketing,
they explained, is the use of various methodologies to promote
one's products or services. They paused for questions.
I'm familiar with the concept
of marketing, I told them.
Oh yes, they said, recalling
my hundred years in the sign business. They were amazed, they
said, by the age of my company. The vast majority of WOBs
and MBEs, they told me, are start-ups.
"You don't say,"
I said. Lulled by all the baby talk, I failed to see where
this might be going.
Then came the stumper.
"Why didn't you do
this before?" one of them asked me.
"Do what?" I
asked, feeling the trap closing.
"You could have applied
for dais program nine years ago," she said--rather menacingly,
I thought. "Why did you wait until now?" Six expectant
pairs of eyes, the whole Rainbow Inquisition, awaited my answer.
That's it, I thought. The
jig is up. I'm busted. Trapped. The word will go out to all
the banks, and I'll never get another bank job. Or a letter
of credit. Or an ATM card. How will I explain this to Jimmy
and the boys in the shop?
Then, revelation! I know
what I'll do, I thought: I'll come clean. Tell the truth.
Throw myself on their mercy. (They may like that.)
"In the past, I was
philosophically opposed to it" I admitted carefully.
"And now?"
Gulp. "I consider
that I was being naive."
My confession evidently
satisfied them. It even invited their confidence: For the
rest of the meeting they described their frustration at the
shortage of applicants. Even they can see that this is a program
where administrators outnumber clients. I promised to recommend
some if I should think of any.
The Wonder of Womanship
In the end, the bank job
was divided among six companies. (There's your 18 percent
"utilization rate.") And as with any construction
job, if we survived it and even got paid, we considered ourselves
geniuses.
So far the principal benefit
of my new WOB status is a clutch of complimentary subscriptions
to minority- and woman-owned business magazines. Soft-core
S&M for the affirmative action set, they feature photos
of silver-haired old-boy executives grinning weakly while
presenting excellence awards to entrepreneurs who wear their
minority-hood and womanship like earned badges of honor.
But WOB isn't just about
tangible benefits. It's so much more. I now feel a part of
something larger than myself: the great chain of being that
tumbles from the well-meaning, through the impractical, to
the absurd--replacing the dismal script of capitalism with
a delightfully random set of entitlements and rewards.
Tama Start (tstarr@tiac.net)
is CEO of the Artkraft Strauss Sign Corporation in New York
City. Her latest book is Signs and Wonders: The Spectacular
Marketing of America (Doubleday/Currency).
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