I've noticed that dual-flushflushometer retrofit kits are mentioned as a way to earn this credit on existing commercial toilets (rather than replace the entire toilet); however, there is no mention of HET (1.28 gpf) retrofit kits. Are HET (1.28 gpf) retrofit kits also accepted by LEED? In both cases, does LEED need to know what the existing bowl type is? If the bowl is listed as 1.6 gpf would that be a problem in earning the credit.
I think retrofit kits would be accepted, but if the bowl is not designed to flush well with 1.28 gpf, you may end up with performance issues leading to people double flushing.
I'm not sure how the LEED Reviewer would view that likely potential for double flushing, but I would imagine the owner/occupants would likely not be happy with it...
If, however, you can show that your bowl was designed for 1.28 gpf but that a 1.6 gpf flushometer was originally installed, then sure you could retrofit and I think the LEED Reviewer would accept it without a problem. (Maybe include some photos of the retrofit being installed to show it was really done...)