N.Y. Comp. Codes R. & Regs. tit. 17 § 42.2
The Department may award and enter into one or more agreements, contracts, or leases, including ground or development leases, with one or more parties to provide for the development, operation and/or maintenance of the facilities referred to in section 42.1 of this Part. Except for agreements, contracts or leases with State agencies, public authorities, municipalities, or local convention and visitor bureaus, any such development, operation and/or maintenance agreements, contracts or leases awarded or entered into pursuant to this Part shall be awarded to the responsible party or parties based upon the department's evaluation of the quality and value, including return to the State, of proposals submitted to the department in response to a publicly advertised request for proposals.
N.Y. Comp. Codes R. & Regs. Tit. 17 § 42.2