Price Data. Please break out price by CLIN in a table with total price at the bottom of the table. Data beyond that required by this instruction shall not be submitted, unless you consider it essential to document or support your cost/price position. All data relating to the proposed price, including all required supporting documentation, must be included in the section of the proposal designated as the cost/price portion. Under no circumstances shall this data and documentation be included elsewhere in the proposal.
Price Data. The Interested Parties also challenged the validity of the European Communities' proposed rebinding on the basis that the data upon which it has relied upon in its calculation of the price gap is flawed. Whereas the data used for the calculation of the external price is not in dispute, the European Communities and the Interested Parties differed significantly on what data was appropriate for calculating the internal price of bananas. The European Communities used price data from the FAO to calculate the internal price.35 The European Communities indicated that it chose to base its calculations on data from the FAO, an international organization, in an effort to avoid conflicts of interests in the characterization of the internal price.36 The European Communities also noted that the FAO web site, from which it downloaded the prices, also publishes prices concerning other international markets for bananas, like the United States, Eastern Europe and European Free Trade Area countries. It thus considered FAO prices as "the most reliable actual prices." 37 The Interested Parties challenged the relevance of these prices. In particular, Colombia, Costa Rica, Ecuador and Guatemala submitted that the prices were derived from price quotations obtained from traders, not actual prices. These price quotations in the banana sector are, according to them, typically well above the actual selling prices at wholesale level.38 Colombia, Costa Rica, Ecuador and Guatemala also produced affidavits from traders to support their argument that the FAO prices were quoted prices and that actual prices were lower than quoted prices.39 One of these affidavits was from a trader certifying that it regularly transmitted data to the FAO on quoted prices of bananas.40 The European Communities disputed the validity of the distinction between quoted and actual prices. It has also pointed to the difficulties associated with obtaining actual price data from transactions on the market, as this is information is private. In the light of the questions raised by the parties' arguments in respect of the nature and sources of the FAO data, the Arbitrator wrote to the FAO to obtain further clarification of these issues. In response to a question in the letter in relation to the collection of the relevant data, the FAO confirmed that "... these are price quotations announced by the traders at the ports of entry and probably not the prices paid by purchasers of bananas at the end of the transaction".41...
Price Data. Custodian shall not be liable for any expense, loss, claim or damage (including counsel fees) Pledgor, Pledgee or any third person may suffer by reason of any error in, or any inaccuracy of, any price received from the Pledgor or any other pricing source. Custodian shall have no duty to inquire into the appropriateness or relative change of any price nor shall Custodian be required to determine volatility factors with respect to any price.
