Tender secifications and tender bid of Staff Partners Sp. z o. o. in relation to the pending KIO proceeding The inquiry pertains to prodeeding: Poland-Warsaw Provision of Interim Staff Services for Frontex 2019/S 206-501017 Contract award notice Results of the procurement procedure Services Please be informed that the “tender specifications” are publicly                                             available at: https://etendering.ted.europa.eu/cft/cft-documents.html?cftId=5334                         and       thus     fall   outside the framework of Regulation (EC) No 1049/2001. 1 In regard to the “tender bid of Staff Partners Sp. z o. o.” Frontex has identified one document, access to which cannot be granted pursuant to Article 4(2) first indent of Regulation (EC) No 1049/2001 as its disclosure would undermine the protection of commercial interests of legal person, including 1 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). 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

intellectual property. In Particular, this document contains technical and economic information of the tenderer, such as information on the competences and working methods, know-how, internal organization 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 this document is ascertainable in the present case, this document cannot be released based on Article 4(2) first indent of Regulation (EC) No 1049/2001. A partial release of the document could not be undertaken, as its redaction would be disproportional 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 document would be disproportionate to the interest in the disclosure exercise itself, while the released document would not convey any informative value due to its significantly reduced form. Consequently, the partial disclosure of the document at issue must be refused owing to the particular circumstances of the present case. 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