Cited precedents: Sentences in 1998/2008 and 81/2010 and Decision 535/2000, all of the Plenary assembly. Sentence n. 534/2011-Plenary assembly, TC-032.619/2010-3, rel. Min. Ubiratan Aguiar, 02.03.2011.Licitaes of the type technique and price: attribution of distinct punctuation for technique and price demand justificativPara the examination of representation by means of which it had notice of possible irregularities in Competition 1/2010, promoted for the Executive Secretariat of the Ministry of the Sport, and that it had for object the act of contract of company specialized in the rendering of services of consultoria, strategical planning and public rendering of services of press assessorship and relations to promote the Ministry of the Sport, its programs and its action, in Brazil and the exterior, the TCU promoted diligence to clarify, amongst other facts, the reasons for attribution of weight 6 for the proposal technique and 4 weight the proposal of price, in disconformity with item 9.3.6 of Sentence 1488, of 2009, of the Plenary assembly of the Court. In that chance, the collegiate one understood weights 7 high, for technique, 3, for price.
For the Ministry, the attribution of the weights in Competition 1/2010 would be in accordance with decisum of 2009, of what the reporter divergiu. For it, in the species, ' ' the reduction of the difference between the weights, even so means advance in relation to the previous proclamation, integrally does not take care of the determination of Sentence 1.488/2009? Plenrio' '. Still according to reporter, would be essential, and he did not consist of the proclamation of Competition 1/2010, the presentation of justifications techniques that demonstrate the razoabilidade of the balance, a time that ' ' the adoption of disproportionate criterion could cause damage to the competitiveness of the certame and the attainment of the proposal most advantageous for the Administrao' '. In this direction, the partial descumprimento of the previous determination of the Court would be configured.