N.Y. Comp. Codes R. & Regs. tit. 18, § 800.7
(d) Without limiting the power of the commissioner to select such projects as will best carry out the purposes of the applicable statutes, contract awards shall, in general, be based on the following criteria:
(e) In addition to the above criteria, and without limiting the power of the commissioner to select such projects as will best carry out the purposes of the applicable statutes, preference will be given to: