Its record, not playoff teams. That sucks as Bills at 10 wins may be in the mid 20's. "Draft order criteria update... In response to several queries from readers as to whether a team, such as an NFC team this year, that makes the playoffs with a worse record than teams in the other conference that don't make the playoffs will pick after the latter teams on draft day. Our reading of the rules indicates that the answer is no. If a 7-9 team makes the playoffs this year, for example, they would pick after the other 7-9 teams, but not after non-playoff AFC teams with 8-8 records or better. As well, updating some incorrect information we have passed on to individual correspondents in the past. When teams with the same record also have the same opponents' combined won-lost records, normal tie-breakers are applied where applicable before going to a coin-flip. For reference, courtesy of ESPN here is a A href="http://sports.espn.go.com/nfl/news/story?page=tiebreakers"> summary of the NFL's tie-breaker rules; note there is a section on the draft rules at the bottom."