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The Council of State, section III, with sentence no. 3506 of June 4, 2020 established that, in case of use, the total lack of the declaration of obligation towards the contracting authority and its essentiality, therefore irreplaceable with the attestation on the possession of the requirements and with the assumption of the established obligations in the availment contract, they make it impossible to remedy the omission with preliminary assistance. Article. 89, paragraph 1, of Legislative Decree no. 50 of 2016, distinguishes the declaration with which the auxiliary undertakes towards the tenderer and towards the contracting station to make available for the duration of the contract the necessary resources of which the competitor is essential, both from the declaration and from the auxiliary itself must return on possession of the requirements and resources, which from the contract of availment. Article. 89 requires the production of all three documents because the complex case of the loss is configured and this finds the entry into the tender procedure useful through the application to participate in the competing company that intends to make use of it.