(with reference to the tender procedure Frontex/2021/0395/OP/MS) 1) details of the successful tenderer for Parts 1 and 2 of the Procedure, 2) the most advantageous bid submitted in Parts 1 and 2 of the Procedure, including documents submitted together with the bid and during the procedure 3) evaluation of the most advantageous bid in parts 1 and 2 of the Procedure, including technical and financial evaluation 4) contract value for Lot 1 and Lot 2 of the Procedure, Additionally, I would like to request access to other bids submitted in parts 1 and 2 of the above mentioned Procedure along with their evaluation, including technical and financial evaluation I note that the information referred to in points 1, 3 and 4 of your application was already provided to you with our correspondence of 25 October 2021 in accordance with Article 170(3) of the Financial Regulation2. Please be informed that the above information is also publicly available under the links: https://ted.europa.eu/udl?uri=TED:NOTICE:549089-2021:TEXT:EN:HTML https://ted.europa.eu/udl?uri=TED:NOTICE:548978-2021:TEXT:EN:HTML and thus made available to you through these links outside the scope of Regulation (EC) No 1049/2001. 1 In accordance with Article 7(3) of Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). 2 Regulation (EU, Euratom) 2018/1046 of 18 July 2018 on the financial rules applicable to the general budget of the Union (OJ L 193, 30.7.2018, p. 1). Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01

As regards the documents indicated by you in point 2 and in the closing paragraph of your application, thus “2) the most advantageous bid submitted in Parts 1 and 2 of the Procedure, including documents submitted together with the bid and during the procedure” and “[…] other bids submitted in parts 1 and 2 of the above mentioned Procedure along with their evaluation, including technical and financial evaluation”, Frontex identified 128 documents, access to which must be refused pursuant to Article 4(2) first indent of Regulation (EC) No 1049/2001 as their disclosure would undermine the protection of commercial interests of legal persons, including intellectual property. More precisely, these documents contain technical and economic information of the tenderers, in particular information on the competences and working methods, their know-how, internal organisation, cost as well as proposed prices. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of these documents is ascertainable in the present case, these documents cannot be released based on Article 4(2) first indent of Regulation (EC) No 1049/2001. I consider further that a partial release of the documents could not be undertaken, as their redaction would be disproportionate in relation to the parts that are eligible for disclosure, simultaneously undermining the principle of sound administration. More specifically, the administrative burden necessary to identify and redact the releasable elements would be disproportionate to the interest in the disclosure exercise itself, while the released documents would not convey any informative value due to their significantly reduced form. Consequently, a partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. Kindly be reminded that the copyright of the document/s rests with Frontex and making this/these work/s available to third parties in this or another form without prior authorisation of Frontex is prohibited. Please also note that Frontex does not assume liability stemming from the use of the document/s. Pursuant to Article 7(2) of Regulation (EC) No 1049/2001, within 15 working days of the receipt of this letter, you may submit a confirmatory application to Frontex to reconsider its position. Based on Article 8 of Regulation (EC) No 1049/2001, Frontex will reply to you within 15 working days from the registration of such application. You can submit your confirmatory application by post or electronically. Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01