We have had EQc5 rejected for one of our projects because one of the common area kitchen spaces is failing during winter due to being too warm, and kitchen spaces require a MET of at least 1.6. However, the space temperature and humidity are slightly lower than the summer condition, which just passes. The only difference being the Clo level which is 0.95 in the winter condition.  Practically, this makes little difference in comfort, as occupants who are slightly more active, would just remove their winter jumper if they get too warm. However, being a LEED credit following the ASHRAE standard, the space doesn't technically comply.

Has anyone encountered a similar issue, and convinced their LEED assessor to accept the ASHRAE calculations, with the same Clo level for both summer and winter (the space passes when the Clo level is brought down to the 0.65 summer level)? We are confident that there will be no thermal comfort issues in the space, but uncertain if LEED assessors are flexible enough to award the credit on appeal, given the slight variation in methodology (using the same clo level for both summer and winter for this space only).