2. 投标书的电子提交：第30(5)条（A/CN.9/WG.I/WP.50，第22-29段）
Electronic submission of tenders: article 30 (5) (A/CN.9/WG.I/WP.50, paras.
21. 关于(a)㈡项，一致认为案文中的要求除涉及“完整性”和保密性”之外，还应涉及 “真实性”和“安全性”，并在《指南》中解释每个术语在该项中的含义。
As regards subparagraph (a)(ii), it was agreed that the requirements should address “authenticity” and “security” in addition to “integrity” and “confidentiality” in the text, with explanation in the Guide of the meaning of each term in the context of that subparagraph.
22. 关于(b)项，有与会者建议删除“根据请求”一语，有与会者对此提出关切，认为采购实体并非在所有情况下都能够向供应商或承包商提供表明收到投标书的日期和时间的收据（例如，供应商将投标书投入指定投标箱，而采购实体并不知道提交一事）。
As regards subparagraph (b), in response to the suggestion that the words “on request” should be deleted, concern was raised that the procuring entity might not be in a position in all cases to provide to a supplier or contractor a receipt showing the date and time when the tender was received (for example, when suppliers put tenders in a designated tender box without the procuring entity being aware of the submission).
较为普遍的看法是，由于修订《示范法》和《指南》的政策目标是促进最佳做法，因此应当要求采购实体向供应商或承包商提供一份收据，表明收到投标书的日期和时间，特别是考虑到该信息在审查程序中非常重要。
The view prevailed that since the policy objective in revisions of the Model Law and the Guide was to promote best practice, procuring entities should be required to provide to suppliers or contractors a receipt showing the date and time when the tender was received, in particular in the light of the importance of this information in review proceedings.
因此，工作组同意删除“根据请求”一语。
The Working Group agreed therefore to delete the words “on request”.
23. 关于(c)项，与会者一致认为，该案文应列入一则要求，规定除“完整性”和“保密性”外，还应保全投标书的安全性，在《指南》中结合该项对每个用语的含义作出解释。
As regards subparagraph (c), it was agreed that the text should include a requirement to preserve “security” in addition to “integrity” and “confidentiality”, with explanation in the Guide of the meaning of each term in the context of that subparagraph.
认识到采购实体在收到投标书之前通常无法保全其安全性、完整性或保密性，与会者还一致认为，应删除“自采购实体所确定的时间但绝不晚于收到投标书的时间起”一语。
Recognizing that the procuring entity could not generally preserve security, integrity or confidentiality before the receipt of tenders, it was also agreed that the phrase “from the time as determined by the procuring entity, but in no case later than the time of its receipt” should be deleted.
有与会者对“认证”的提法出现在(a)㈡项而不是在(c)表示关切。
Concern was raised that the reference to “authenticity” appeared in subparagraph (a)(ii) but not in subparagraph (c).
有与会者争辩说，“认证”只可能由供应商来确保，因此“认证”的提法只应出现在(a)㈡项。
It was argued that “authenticity” could only be ensured by the supplier and therefore the reference to “authenticity” should only appear in subparagraph (a)(ii).
24. 工作组获知，在实务中，有些情况下对纸质投标书的准确收到时间不作记录，并强调对电子提交不应提出更为苛刻的要求。
The Working Group was informed that, in practice, in some cases, the precise time of receipt of paper-based tenders was not recorded, and recalling that more onerous requirements should not be placed on electronic submission, the Working Group considered how the time of receipt should be established and recorded.
工作组审议了如何确定和记录收到时间的问题。
The Working Group was informed that, in practice, in some cases, the precise time of receipt of paper-based tenders was not recorded, and recalling that more onerous requirements should not be placed on electronic submission, the Working Group considered how the time of receipt should be established and recorded.
工作组注意到，贸易法委员会第四工作组（电子商务）在进行《国际合同使用电子通信公约》草案的起草工作时在界定电子通信收到时间上曾遇到种种困难。
The Working Group noted that UNCITRAL Working Group IV (Electronic Commerce), when it worked on a draft convention on the use of electronic communications in international contracts, had encountered difficulties in defining the time of receipt of electronic communications.
考虑到根据电子环境的特点，很难准确地确定收到时间，上述联合国公约在该问题上采取的解决办法是，收到电子通信的时间即为电子通信能够被检索的时间，而电子通信到达收件人的电子地址即可推定其能够被检索。
Recognizing that the characteristics of the electronic environment made it difficult to establish the time of receipt with precision, the solution adopted in the United Nations Convention on the subject was that the time of receipt of an electronic communication would be the time when an electronic communication became capable of being retrieved, presumed to be when it reached the addressee's electronic address.
因此，工作组一致认为，可以赋予采购实体一定的自由裁量权，确定对电子提交的投标书收到时间所作记录的准确程度。
It was agreed, therefore, that an element of discretion could be given to the procuring entity to establish the degree of precision to which the time of receipt of tenders submitted electronically would be recorded, and that the Guide should elaborate on that point.
《指南》应当对这一点详加论述。
It was agreed, therefore, that an element of discretion could be given to the procuring entity to establish the degree of precision to which the time of receipt of tenders submitted electronically would be recorded, and that the Guide should elaborate on that point.
3. 出席开标：第33(2)条（A/CN.9/WG.I/WP.50，第30-32段）
Presence at the opening of tenders: article 33 (2) (A/CN.9/WG.I/WP.50, paras.
25. 工作组赞同工作文件第30段所载的拟议条文。
The Working Group agreed with the proposed provisions in paragraph 30 of the working paper.
工作组还建议，为体现其在统一采购问题的文本上所作的努力，《指南》应注明，拟议案文与其他国际文书中的类似条文（例如世界银行采购准则2.45）是一致的。
It was also suggested that the Guide should note, as an example of the efforts to harmonize procurement texts, that the proposed text was consistent with similar provisions in other international instruments (such as World Bank procurement guideline 2.45).
4. 采购相关信息的公布：第5条和有关近期采购机会信息的发布
Publication of procurement-related information: article 5 and the publication of information on forthcoming procurement opportunities (A/CN.9/WG.I/WP.50, paras.
第5条
Article 5
26. 关于第(1)款，工作组商定将“指示”一词改为“其他法律文本”。
As regards paragraph (1), the Working Group agreed to replace the word “directives” with the words “other legal texts”.
27. 关于第(2)款，工作组商定在该款开头处补充“尽管有本条第(1)款的规定”一语，目的是澄清无意在这两款中列入任何类型的文本，并用以下内容的案文取代拟议的措词：“应向公众公布并根据需要更新与本法规定的采购有关的具有先例价值的司法裁定和行政裁决。”
As regards paragraph (2), the Working Group agreed to open the paragraph with the phrase “notwithstanding the provisions of paragraph (1) of this article”, to clarify that no category of text was intended to be included in both paragraphs, and to replace the proposed wording with the text reading “judicial decisions and administrative rulings with precedent value in connection with procurement covered by this Law shall be made available to the public and updated if need be.”
28. 工作组注意到，拟议条文所有语文的文本都应保持统一，目的是明确区分使信息可供公众查取的概念（第(1)款）与向公众公布信息的概念（第(2)款）。
The Working Group noted that all language versions of the proposed provisions should be aligned so that to draw a clear distinction between notions of making information accessible to the public (paragraph (1)) and making it available to the public (paragraph (2)).
29. 工作组一致认为，《指南》应解释，对供应商或承包商具有重要意义的解释性文本，可根据颁布国的法律传统，列入第5条第1款或第2款。
It was agreed that the Guide should explain that, depending on legal traditions of enacting States, interpretative texts of importance to suppliers or contractors might be covered by either paragraph 1 or paragraph 2 of article 5, and the Secretariat was requested to address in this regard whether the phrase “judicial decisions and administrative rulings” would be sufficiently broad to cover all intended decisions and rulings.